RC0017-18.pdf

1. REQUSITION NUMBER

See "Schedule B"

2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RC0017-18

6. SOLICITATION ISSUE DATE

01/17/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CLARA ROBERTS

b. TELEPHONE NUMBER (No collect calls) 850-524-0068

8. OFFER DUE DT/LOCAL TIME

02/20/2018 2:00PM

9. ISSUED BY CODE

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

X SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

NAICS:

SIZE STANDARD: 15 Mil.

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Net 15

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

UNICOR, FPI Central Office UNICOR FPI Central Office Washington, DC 20534

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE

TELEPHONE NO. TIN:

RFQ: 6200008731

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

18a. PAYMENT WILL BE MADE BY CODE

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

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________________

OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

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)

Stacy L Frydenlund

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD)

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42d. TOTAL CONTAINERS

15. DELIVER TO CODE

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.212

PAGE 1 OF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

SEE LOCATIONS LISTED WITHIN SOLICITATION

UNICOR FPI Central Acct Payable

PO BOX 11849

LEXINGTON, KY 40578-1849,

USA/RC0017-18

Terms of delivery: DST

The US Department of Justice, Bureau of Prisons and Federal Prison Industries (UNICOR), has the need for industrial hygiene air, wipe and noise sampling and testing for its electronics recycling facilities nationwide.

PROJECT LOCATION IS AS FOLLOWS:

The street address of each facility is presented below.

USP Atwater (ARRC)

One Federal Way

Atwater, CA 95301

USP Leavenworth (LVRC)

1300 Metropolitan

Leavenworth, KS 66048

FCI Marianna (MNRC)

3625 FCI Road

Marianna, FL 32446

FCI Schuylkill (SKRC)

Intersection of I-81 and PA 901W

Minersville, PA 17954

FCI Texarkana (TERC)

Prison Road

Texarkana, TX 75505

6. A sixth location which ceased operations during FY 2017 will require close-out testing services, a one time event:

USP Lewisburg (LERC)

Robert F. Miller Drive

Lewisburg, PA 17837

SOLICITATION TERM/TYPE: Solicitation is issued as a four (4) year fixed price requirements type contract, with the possibility of one (1) - 1 year option period.

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

For a list, description and total estimated quantities of all items, refer to Section B.

Required delivery shall be 30 calendar days or sooner from receipt of each delivery order issued for these line items.

QUESTIONS PERTAINING TO THIS RFQ WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: clara.roberts@usdoj.gov. NO PHONE

CALLS PLEASE. Questions should be submitted no later than Thursday, February 8, 2018 at 12:00 PM, EST.

Vendors shall submit signed and dated offers by Email to clara.roberts@usdoj.gov.

Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

DJU6200008731 PAGE 2 OF 23

Request For Quote

The date and time for receipt of proposals is Feburary 20, 2018, at 2:00 PM EST. Offer must indicate Solicitation No.

RC0017-18, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

VENDOR'S DUN & BRADSTREET NUMBER:_______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ______________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

Administrative Contracting Officer is TBD.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

00001 1 EA 5000041539

CIH TESTING TERC YEAR 1

00002 1 EA 5000041539

CIH TESTING TERC YEAR 2

00003 1 EA 5000041539

CIH TESTING TERC YEAR 3

00004 1 EA 5000041539

CIH TESTING TERC YEAR 4

00005 1 EA 5000041539

CIH TESTING TERC OPT YR 5

00006 1 EA 5000041538

CIH TESTING MNRC YEAR 1

DJU6200008731 PAGE 3 OF 23

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

00007 1 EA 5000041538

CIH TESTING MNRC YEAR 2

00008 1 EA 5000041538

CIH TESTING MNRC YEAR 3

00009 1 EA 5000041538

CIH TESTING MNRC YEAR 4

00010 1 EA 5000041538

CIH TESTING MNRC OPT YR 5

00011 1 EA 5000041573

CIH Testing ARRC Year 1

00012 1 EA 5000041573

CIH Testing ARRC Year 2

00013 1 EA 5000041573

CIH Testing ARRC Year 3

00014 1 EA 5000041573

CIH Testing ARRC Year 4

00015 1 EA 5000041573

CIH Testing ARRC Opt Year 5

00016 1 EA 5000041562

CIH TESTING LVRC YEAR 1

00017 1 EA 5000041562

CIH TESTING LVRC YEAR 2

00018 1 EA 5000041562

CIH TESTING LVRC YEAR 3

00019 1 EA 5000041562

CIH TESTING LVRC YEAR 4

00020 1 EA 5000041562

CIH TESTING LVRC OPT YR 5

00021 1 EA 5000041540

CIH TESTING SKRC - YR 1

00022 1 EA 5000041540

CIH TESTING SKRC - YR 2

DJU6200008731 PAGE 4 OF 23

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

00023 1 EA 5000041540

CIH TESTING SKRC - YR 3

00024 1 EA 5000041540

CIH TESTING SKRC - YR 4

00025 1 EA 5000041540

CIH TESTING SKRC - OPT YR 5

00026 1 EA 5000041540

LEWISBURG TESTING FOR CLOSEOUT

DJU6200008731 PAGE 5 OF 23

PART I: INFORMATION

This was a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. The solicitation number was RC0017-18 and the solicitation was issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The North American Industry Classification

System code is 541620, Environmental Consulting Services. The requirement is 100% set-aside for small business;

small business size standard for this solicitation is $15 million. UNICOR, Federal Prison Industries, Inc., intends to enter into a four year, with one (1) - one (1) year option period, firm-fixed-price, requirements contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS.

Contractors may submit a proposal to provide sampling and testing services for one or more of the recycling facility locations. UNICOR reserves the right to award all work to one offeror or to award more than one contract, according to the best value to the government.

Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.

Holidays: The following is a list of Federal Holidays observed by the Government:

New Year's Day (Jan. 1)

Martin Luther King, Jr's Birthday (3rd Monday in January)

Washington's Birthday (3rd Monday in February)

Memorial Day (Last Monday in May)

Independence Day (July 4)

Labor Day (1st Monday in September)

Columbus Day (2nd Monday in October)

Veteran's Day (November 11th)

Thanksgiving Day (4th Thursday in November)

Christmas (December 25)

STATEMENT OF WORK:

Background

The US Department of Justice, Bureau of Prisons and Federal Prison Industries (UNICOR), operates a system of electronic equipment recycling facilities spread among the eastern U.S., the midwest, and the west coast. UNICOR sorts, tests, prepares for reuse sale, and dismantles and packages approximately 40 million pounds of retired electronic equipment each year in these facilities. Each full processing facility is certified to the Responsible

Recycling (R2) stewardship program. The system of facilities has approximately 20 staff and 600 Federal inmates working five days per week.

UNICOR conducts environmental testing in each of its processing facilities to identify needed actions to minimize worker exposure to materials handled through airborne and dermal contact pathways and to minimize exposure to noise.

UNICOR, through its CIH contractor, has conducted this testing in the past. The contract intended by this solicitation will provide continuation of these annual environmental tests.

Qualifications

DJU6200008731 PAGE 6 OF 23

All work, other than laboratory work, will be conducted by a hygienist that has valid, current certification by the

American Board of Industrial Hygienists, the Certified Industrial Hygienist®(CIH). The proposer must identify the primary CIH that will conduct the testing as well as a backup CIH, if included. Resume information about CIH personnel that will conduct the testing should be provided, as well as resumes of other personnel that will be involved with the project, as well as firm qualifications.

Laboratory work must be conducted by a lab that is accredited to two American Industrial Hygiene Association (AIHA)

Laboratory Accreditation Programs (AIHA-LAP, LLC). (www.aihaaccreditedlabs.org):

1. The Industrial Hygiene Laboratory Accreditation Program (IHLAP), which is designed specifically for laboratories involved in testing samples to evaluate workplace exposures.

2. The Environmental Lead Laboratory Accreditation Program (ELLAP) accredits laboratories performing analysis of lead in environmental samples including paint, soil, dust wipes and air. The ELLAP is recognized by the

U.S. Environmental Protection Agency (EPA) through a Memorandum of Agreement and this program has been designed to comply with the requirements of the EPA National Lead Laboratory Accreditation Program (NLLAP).

Personnel assigned to the project must be capable of working independently. UNICOR does not contemplate costs for two

CIH staff to participate in each facility testing event.

References should be provided for the firm and for the laboratory for similar past work.

Testing Approach

All noise and air sampling must be a minimum half-shift; a full shift is preferable. The operating hours of the facilities are typically 7:30 am to 3:00 pm, with about seven (7) hours of actual operation.

Personal noise sampling is generally conducted for workers in positions with greater noise exposure. Noise samples are to be analyzed per 29 CFR 1910.95.

Bi-annual personal air monitoring samples are to be analyzed for lead and cadmium only.

Annual surface wipe testing is conducted for the presence of lead dust contamination only. Wipe sampling should be conducted using disposable templates of known area. Wipe samples are to be taken from work station surfaces, floor areas adjacent to work stations sampled and other relevant floor areas, and equipment surfaces, such as fork lifts, balers, and other surfaces deemed relevant by the CIH.

Reporting Requirements

A written report shall be prepared for each sampling and testing event at each UNICOR facility. The report shall contain an introduction to include a review of operating hours, conditions, and testing approach; a description of exposure criteria per OSHA and as mutually agreed upon with UNICOR; process overview and work station descriptions;

Sampling techniques and Analytical Methods; Conclusions; results, and recommendations sections.

At a minimum, the results tables must identify the worker, task/operation, sampling duration, sample date, TWA, 8-hr

TWA, wipe sample location, wipe sample concentration in units of micrograms per square foot (µg/ft2), noise dose, and relevant OSHA limits for the samples collected.

The process overview section shall describe the existing ventilation, PPE in use, and materials being processed by workers.

A draft report shall be submitted to one designated UNICOR staff person for review prior to completion of the final report. The contractor will be responsible for revising the report as mutually agreed with UNICOR Central Office management (Washington, DC). Revisions, if any, are typically to ensure recommendations are feasible for UNICOR to accomplish.

DJU6200008731 PAGE 7 OF 23

Test Sampling Quantities

Testing and sampling quantities required for each facility are presented in the set of tables below for each of the four years on the intended contract.

Each UNICOR location uses either one or two buildings and environmental testing will be conducted in both buildings where two are used. Electronic equipment is received and sorted at the Prison Camp, in a warehouse building with loading docks. The Prison Camp is an unfenced set of buildings at the institution. At some locations all processing is accomplished at the Camp building. At others, equipment is transferred from the Camp warehouse to inside the fenced prison and where dismantling and possibly some other processes are conducted. Both buildings are located within one campus comprising the institution. The buildings are referred to as either "Camp" or "Inside the Fence".

Tables for workers, forklifts, vertical balers, hand tools, storage areas, loading docks, and other equipment are common. Shredders and other automated equipment are not used. The following set of tables present the required number of samples for each building:

DJU6200008731 PAGE 8 OF 23

Atwater, CA – Sample Quantity Contract Year 1 2 3 4 Surface Camp 6 6 6 6

Inside Fence 12 12 12 12

Noise Camp 6 6 6 6 Inside Fence 4 4 4 4

Air Sample Camp 3 0 3 0 Inside Fence 6 0 6 0

Leavenworth, KS – Sample Quantity Contract Year 1 2 3 4 Surface Camp 6 6 6 6

Noise Camp 4 4 4 4

Air Sample Camp 6 0 6 0

Marianna, FL – Sample Quantity Contract Year 1 2 3 4 Surface Camp 12 12 12 12

Noise Camp 6 6 6 6

Air Sample Camp 6 0 6 0

Schuylkill, PA – Sample Quantity Contract Year 1 2 3 4 Surface Camp 6 6 6 6

Inside Fence 12 12 12 12

Noise Camp 4 4 4 4 Inside Fence 6 6 6 6

Air Sample Camp 3 0 3 0 Inside Fence 6 0 6 0

DJU620008731 PAGE 9 OF 23

Texarkana, TX – Sample Quantity Contract Year 1 2 3 4 Surface Camp 6 6 6 6

Inside Fence 12 12 12 12

Noise Camp 4 4 4 4 Inside Fence 6 6 6 6

Air Sample Camp 3 0 3 0 Inside Fence 6 0 6 0

Lewisburg, PA (One time close out) – Sample Quantity1

Contract Year 1 2 3 4 Surface Camp 24 0 0 0

Noise Camp 0 0 0 0

Air Sample Camp 0 0 0 0 Notes:

1. Lewisburg has three buildings that are to be tested.

At least two noise samples shall be taken of baler operators in each facility.

Additional or follow-up sampling and testing may be requested by UNICOR at any of these locations during the period of the contract, at additional cost to UNICOR.

DJU620008731 PAGE 10 OF 23

Cost

The offeror is to include all travel costs, laboratory costs, professional labor, executive management costs, and any other costs in proposed pricing. UNICOR desires to have lump sum, fixed price costs for each testing event, valid for all four years of the intended contract.

The offeror is to provide a firm price per testing event per facility.

Include separately unit costs that will apply to additional work, including professional labor and analytical services for all three types of samples (noise, wipe testing, and airborne testing).

The proposer should submit information adequate to address each of the requirements in this solicitation and to allow for UNICOR to evaluate the proposal. However, lengthy proposal sections are not requested or desired. UNICOR is not required to select a contractor(s) on low price, although price is a factor in evaluation. UNICOR will select a contractor(s) based on best value to the government.

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. all

BEST COMMERCIAL CUSTOMER CATEGORY:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the

Contractor and as such, the Contractor will :

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

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

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

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

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.

CONTRACTOR'S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those

DJU6200008731 PAGE 11 OF 23

security requirements in the pricing of the proposal.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVESTIGATIVE PROCEDURES FOR CONTRACTORS, CONSULTANTS AND VOLUNTEERS

The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement (P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons

Acquisition Policy (BPAP). In particular, the HRM Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include:

Procedures Implemented by Human Resource Staff:

1) National Crime Information Center (NCIC) Check

2) Name Check

Procedures Implemented by Program Manager:

1) FD-258 Fingerprint Check

2) Law Enforcement Agency Checks

3) Vouchering of employers over the past five years

4) Completed SF-171 (Application for Federal Employment or

Resume/Personal Qualifications

5) Completed Contractor Pre-employment Form Release of

Information

6) National Agency Check and Inquiries (NACI) Check if applicable

7) Urinalysis

In addition to the above procedures, BPAP Part 37.103 states that Contracting Officers must ensure through the contracting process that each prospective individual contractor is advised that a urinalysis is required prior to contract award. Prior to award, the Contracting Officer shall also obtain from the Personnel Officer or the appropriate Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the

DJU6200008731 PAGE 12 OF 23

contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Diane Klusman, Chief of Vendor Services

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

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

52.212-4, Contract Terms and Conditions - Commercial Items. (JAN 2017)

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2017)

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

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

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

(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.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (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 (Oct 2016) (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).

_X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

DJU6200008731 PAGE 13 OF 23

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

_X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011). If non-manufacturer rule waived

__ (iii) Alternate II (Nov 2011). Don't use

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

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

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

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

__ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

_X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (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.)

DJU6200008731 PAGE 14 OF 23

__ (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.) if estimates can be verified

__ (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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (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 (AUG 2011) (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. 552a).

__ (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.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150)

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

_X_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

DJU6200008731 PAGE 15 OF 23

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and

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

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

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

_X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

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

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

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar

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

DJU6200008731 PAGE 16 OF 23

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

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

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

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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. 2302 Note).

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

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

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

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

52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of award_ through _4 years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.;

52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of 1 each for a single line item; (b)(1) max delivery order for a single item in excess of 1 each; (b)(2) any order for a combination of items in excess of 1 each, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations.

However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship;

52.216-21, Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

DJU6200008731 PAGE 17 OF 23

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 calendar days after contract validity end.

52.217-8 Option to Extend Services (NOV 1999)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 calendar days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.

52.222-50, Combating Trafficking in Persons (FEB 2009);

52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-10, Waste Reduction Program (MAY 2011)

52.232-18, Availability of Funds (APR 1984);

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

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

___________www.acquisition.gov__________________

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

(a) TO BE DETERMINED, telephone ???? is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the

DJU6200008731 PAGE 18 OF 23

contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

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

2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the

Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the

Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency

Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed.