RC0125-23 -.pdf

ORDER NUMBER:

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

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.

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

RCO125-23

Sharon Oliver 202-305-3812

COCO 100

COCO

UNICOR FPI CENTRAL ACCOUNTS PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

1620000085 See Section B

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

Sharon Oliver

X

541690

12/08/2022

01/04/2023

2:00 PM

COCO

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

01/04/2023

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

16.5 M Ann Rece

SHARON.OLIVER@USDOJ.GOV

Page 2 of 37ORDER NUMBER:

Terms: DST

PROJECT LOCATION IS AS FOLLOWS:

UNICOR, Federal Prison Industries, Inc.

United States Penitentiary (USP) Atwater (ATW1) Federal Way, Atwater, California 95301 Along CA 99, south of Modesto

FCI Texarkana (TEX2) Prison Road Texarkana, Texas 75505 200 miles east-northeast of Dallas, TX, 70 miles north of Shreveport, LA

FCI Schuylkill (SCH1) I-81 and PA 901W Minersville, PA 17954 60 miles northeast of Harrisburg, PA - THIS FACTORY WILL ALSO INCLUDE WORK AT

FCI Allenwood (ALP1) Route 15, 2 miles north of Allenwood, Allenwood, PA

17810

FCI Marianna (MNA1) 3625 FCI Road Marianna, FL 32446

FCI Terminal Island (TRM1) Terminal Island 1299 S. Seaside Avenue

Terminal Island, CA 90731 End of the island

USP Leavenworth (LVN1) 1300 Metropolitan Leavenworth, KS 66048

Solicitation is issued as one (1) base year with two (2) - 1 YEAR option periods (if exercised).

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN

WRITING VIA EMAIL TO: Sharon.Oliver@usdoj.gov. NO PHONE CALLS PLEASE.

Required delivery shall be annually, based on current certification renewal.

Vendors shall submit signed and dated offers either by facsimile or overnight delivery (FedEx, UPS, etc.). Facsimile number is

(352-330-8081).

Any of the overnight delivery carriers will be accepted with delivery

Page 3 of 37ORDER NUMBER:

to: (400 First Street, NW 8th floor Washington, DC 20534), Attn: Sharon

Oliver, Contracting Officer.

Due to security considerations, do not send offers via U.S. mail precautions significantly delay regular mail.

Offers shall be submitted on the SF1449.

OMB Clearance 1103-0018.

The date and time for receipt of proposals is 01/04/2023 at (2:00pm, EST). Offer must indicate Solicitation No. RCO125-23, 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:_______________________________

SAM UNIQUE ENTITY 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

The Administrative Contracting officer is Sharon Oliver at

Sharon.Oliver@usdoj.gov.

Page 4 of 37ORDER NUMBER:

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICE Quantity U/M UNIT PRICE AMOUNT IN US$ Delivery Date

00001 2023 Surveillance Audit - ATW1 1 EA 12/31/2023

00002 2023 Surveillance Audit - LVN1 1 EA 12/31/2023

00003 2023 Surveillance Audit - MNA1 1 EA 12/31/2023

00004 2023 Surveillance Audit - SCH1 1 EA 12/31/2023

00005 2023 Surveillance Audit - TEX2 1 EA 12/31/2023

00006 2023 Surveillance Audit - TRM1 1 EA 12/31/2023

00007 2024 Certification Audit - ATW1 1 EA 12/31/2024

00008 2024 Certification Audit - LVN1 1 EA 12/31/2024

00009 2024 Certification Audit - MNA1 1 EA 12/31/2024

00010 2024 Certification Audit - SCH1 1 EA 12/31/2024

00011 2024 Certification Audit - TEX2 1 EA 12/31/2024

00012 2024 Certification Audit - TRM1 1 EA 12/31/2024

00013 2025 Surveillance Audit - ATW1 1 EA 12/31/2025

00014 2025 Surveillance Audit - LVN1 1 EA 12/31/2025

Page 5 of 37ORDER NUMBER:

00015 2025 Surveillance Audit - MNA1 1 EA 12/31/2025

00016 2025 Surveillance Audit - SCH1 1 EA 12/31/2025

00017 2025 Surveillance Audit - TEX2 1 EA 12/31/2025

00018 2025 Surveillance Audit - TRM1 1 EA 12/31/2025

STATEMENT OF WORK

UNICOR ELECTRONICS RECYCLING FACILITIES

The purpose of the intended contract is to provide for private-firm, third party professional auditing and certifying services for six management systems plus one campus site in UNICOR's electronic equipment recycling facilities:

- RIOS

- Responsible Recycling, R2V3

Certification will be provided for these management systems on an integrated basis. Certain details of the facilities are provided later in this RFP.

BACKGROUND

UNICOR, the trade name for Federal Prison Industries, Inc., has provided vocational training in the Federal prison system since 1934. Through real-world businesses operated Monday through Friday of each week, UNICOR's facilities provide significant enhancements to each participating inmate's potential for success as a citizen upon release. UNICOR operates approximately 70 facilities within the prison system of 110 institutions across the U.S. UNICOR has other business groups, see www.unicor.gov, and www.bop.gov that produce a variety of products and services. UNICOR is a separate corporation within the Bureau of Prisons, as it is self-sustaining through revenues generated by selling produced items. However, UNICOR is subject to all of the policy and practice requirements set by the Bureau.

Each facility conducts similar activities, as they all are restricted to processing discarded electronic equipment as defined by R2V3. Activities are similar in each factory, typically consisting of receiving, on-site storage, diagnostics and data destruction, refurbishment of operable equipment, dismantling via manual methods to individual components, preparation of separated materials and of operable electronic equipment for shipment to markets, and shipping. UNICOR markets materials and operable refurbished equipment to private firms for revenue. UNICOR does not operate any smelting, battery reclamation, or other final processing steps that convert recovered materials to new commodities.

Corporate activities, such as collection and transfer shipments to the certified processing facilities, conducted off-site of each facility will not be subject to audit and certification.

http://www.unicor.gov/ http://www.bop.gov/

UNICOR maintains files to meet due diligence requirements of R2V3 for its markets and auditable limits of these markets will be as prescribed by R2V3. Overall, activities subject to audit and certification will be limited to activities strictly for UNICOR's purposes, thereby eliminating from the audit any other activities associated with operating each respective prison.

DESCRIPTION OF CERTIFYING SERVICES REQUESTED

Certification services requested are for a three-year cycle of certification for the six management systems plus one campus site listed below. Calendar Year 2023 is the Base Year while Calendar Year 2024 is Option Year 1 and Calendar Year 2025 is Option Year 2. Option Years are exercised at Unicor’s discretion.

Facility CY2023 CY2024 CY2025 Texarkana, TX Surveillance Certification Surveillance Atwater, CA Surveillance Certification Surveillance Schuylkill, PA Surveillance Certification Surveillance *Allenwood, PA Marianna, FL Surveillance Certification Surveillance Terminal Island, CA Surveillance Certification Surveillance Leavenworth, KS Surveillance Certification Surveillance

*Allenwood is a campus site for Schuylkill.

UNICOR will maintain certification on a per-factory basis.

UNICOR has several work stations that are filled by part-time inmate workers. Each work station is either filled in the morning, afternoon, or both. The employee count in Full Time Equivalent (FTE) represents the approximate maximum number of employees that would be in the facility at any time during the day. Therefore, UNICOR presents FTE values in the following employment table.

Facility Employee Count, FTE No. Buildings USP Atwater, CA 100 2 FCI Texarkana, TX 210 2 FCI Schuylkill, PA 260 2 FCI Terminal Island, CA 190 1 FCI Marianna, FL 180 2 FCI Allenwood, PA 130 2 USP Leavenworth, KS 50 1

Downstream Vendors - UNICOR's downstream vendors handling Focus Materials (FMs), including refurbishers and other outsourced providers as prescribed by R2 Practices, consists of approximately 20 vendors. These vendors are controlled by corporate management and are available for each factory. No other vendors for FMs, refurbishers, or other downstream operating under Section 5 or 6 of R2 are used by any of UNICOR's facilities.

Auditors must agree to submit to a background security clearance before arriving at any of the Unicor locations.

TRAVEL AND LODGING

The contractor will be required to travel to factory locations. FPI will not reimburse the contractor for travel expenses. All types of travel, local accommodations, and other expenses associated with travel to and from the facilities to be audited and certified are to be included with the firm, fixed price in the contractor's proposal. Location information of the seven facilities to be audited is presented in the following locations:

United States Penitentiary (USP) Atwater 1 Federal Way, Atwater, California 95301 Along CA 99, south of Modesto

FCI Texarkana 4001 Leopard Drive Texarkana, Texas 75501 200 miles east-northeast of Dallas, TX, 70 miles north of Shreveport, LA

FCI Schuylkill I-81 and PA 901W Minersville, PA 17954 60 miles northeast of Harrisburg, PA

FCI Marianna 3625 FCI Road Marianna, FL 32446

FCI Terminal Island 1299 S. Seaside Avenue San Pedro, CA 90731

End of the island

FCI Allenwood Route 15, 2 miles north of Allenwood Allenwood, PA 17810

USP Leavenworth 1300 Metropolitan Leavenworth, KS 66048

More details about these facilities are provided on www.bop.gov.

PROPOSAL INFORMATION

The proposer is requested to provide information for use by UNICOR to evaluate and make a selection and award for a contract for certification services for the facilities listed above.

Information requested:

1. Firm qualifications and experience for each management system.

2. Resume information for prospective auditors.

3. Cost Proposal to include the following:

>Number of audit days/hours on-site, >Cost for on-site days/hours, >Number of audit days/hours performed remotely, >Cost for remote days/hours, >Total cost per year for each audited facility.

Cost proposal as described above shall be all inclusive and no other miscellaneous charges will be added unless requested and approved by Unicor. Audit time charged shall be based solely on audit time calculations in the R2V3 and RIOS Standards.

4. ANAB accreditation status for each management system.

5. Description of approach to schedule recertification to ensure no gaps in certification occurs for any location.

6. Description of post-audit processes and schedule, including approach to dealing with audit finding disputes.

http://www.bop.gov/

7. Information to demonstrate responsiveness and compliance with contracting requirements detailed in other parts of this RFP or incorporated by reference.

EVALUATION

Proposals will be used in the evaluation and selection process for contract award. Cost and non-cost information provided in the proposal will be used in the evaluation and selection process. Selection will be based on a "best value to the government" basis. Factors to be considered include:

1. Firm qualifications and experience for each management system.

2. Qualifications and experience of auditors proposed for the contract.

3. Costs

4. ANAB accreditation status for each management system.

Current accreditation for each management system is a requirement.

5. Ability to meet UNICOR's schedule needs for the existing facilities.

6. Post-audit processes and schedule that the contractor will use. Also, processes that would be used to address any objections or disputes by UNICOR on audit findings.

7. Compliance with contracting requirements of UNICOR and the Federal government.

Any contract resulting from this solicitation will not be an obligation of funds. Funds will be obligated by delivery orders. The contractor will be responsible for requesting a delivery order for each audit approximately four weeks prior to the audit.

Page 11of 37ORDER NUMBER:

PART I: INFORMATION

This is 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. This announcement constitutes the only solicitation; offers are being requested and a written solicitation is attached to this notice. The solicitation number is RC0125-23 and this solicitation is issued as a Request for Proposal

(RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08 The

North American Industry Classification System code is 541690, Other

Scientific and Technical Consulting Services. This requirement is 100% set-aside for small business; small business size standard for this solicitation is 16.5 million. UNICOR, Federal Prison Industries, Inc., intends to enter into a - Base Year with two option years.

Firm-fixed-price, indefinite delivery-indefinite quantity (IDIQ) contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS.

GUARANTEED MINIMUM QUANTITY IS 1 EACH [ESTIMATED QUANTITY/NOT-TO-EXCEED

QUANTITY FOR THE LIFE OF CONTRACT IS THREE EACH PER FACTORY.

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON

ALL ITEMS MAY PREVENT AN OFFER FROM BEING CONSIDERED FOR AWARD.

Any contract resulting from this solicitation will not be an obligation.

Funds will be obligated by delivery orders.

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

Page 12 of 37ORDER NUMBER:

contract, the contractor must immediately notify the Field

Administrative Contracting Officers at the following UNICOR locations:

United States Penitentiary (USP) Atwater, Federal Way, Atwater, California 95301

FCI Texarkana, Prison Road Texarkana, Texas 75505

FCI Schuylkill, I-81 and PA 901W Minersville, PA 17954 includes - FCI

Allenwood, Route 15, 2 miles north of Allenwood, Allenwood, PA 17810

FCI Marianna, 3625 FCI Road Marianna, FL 32446

FCI Terminal Island, Terminal Island 1299 S. Seaside Avenue Terminal

Island, CA 90731

USP Leavenworth, 1300 Metropolitan Leavenworth, KS 66048;

with 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.

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

Page 13 of 37ORDER NUMBER:

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 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

Page 14 of 37ORDER NUMBER:

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 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

Page 15 of 37ORDER NUMBER:

Lexington, KY 40578-1849

ATTN: Chief of Vendor Services

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

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

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

52.212-4, Contract Terms and Conditions - Commercial Items. (NOV 2021)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items (OCT 2022)

(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 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) 52.233-3, Protest After Award (Aug 1996)

(31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim

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

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

,,,,,, [Contracting Officer check as appropriate.]

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

(June 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and

10 U.S.C. 2402).

__ (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.)

xx__ (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

_xx_ (8) 52.209-6, Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for

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

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

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award

(SEP 2021) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_xx_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

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

Page 17 of 37ORDER NUMBER:

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

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018)

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021)

(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.

_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)

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

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

_xx_ (19) 52.219-14, Limitations on Subcontracting (SEP 2021)

(15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021)

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

_xx_ (22) (i) 52.219-28, Post Award Small Business Program

Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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

2021) (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 (SEP 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves

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

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C.

637(a)(17)).

xx_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

xx_ (28) 52.222-19, Child Labor-Cooperation with Authorities and

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

xx_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

xx_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_xx_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)

(38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_xx_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_xx_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020)

(38 U.S.C. 4212).

_xx_ (34) 52.222-40, Notification of Employee Rights Under the National

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

xx (35) (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. chapter78 and E.O. 13627).

(36) 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 items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material

Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)

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

__ (ii) Alternate I (May 2008) of 52.223-9

(42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun

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

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

Page 19 of 37ORDER NUMBER:

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal

Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_xx_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (NOV 2021)

(41 U.S.C. chapter 83).

_xx_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade

Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

xx (51) 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).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (NOV 2021)

Page 20 of 37ORDER NUMBER:

(41 U.S.C.4505, 10 U.S.C.2307(f)).

_xx_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than

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

xx_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996)

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631).

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

__ (iii) Alternate II (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 items:

,,,, [Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May

2014)(E.O. 13495).__ (2) 52.222-41, Service Contract Labor Standards

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

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

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

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) (29 U.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).

Page 21 of 37ORDER NUMBER:

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

__ (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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

Page 22 of 37ORDER NUMBER:

(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

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) 52.219-8, Utilization of Small Business Concerns

(Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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.

(vi) 52.222-21, Prohibition of Segregated Facilities

(Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015)

(E.O.11246).

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

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

(ix) 52.222-36, Equal Opportunity for Workers with

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

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

(38 U.S.C.4212).

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

(xii) 52.222-41, Service Contract Labor Standards

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

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

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

Page 23 of 37ORDER NUMBER:

(B) Alternate I (Mar 2015) of

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

(xiv) 52.222-51, Exemption from Application of the

Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

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

(xv) 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for Certain

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

(xvi) 52.222-54, Employment Eligibility Verification

(MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order

13658 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order

13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017)

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

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

(xx) 52.225-26, Contractors Performing Private Security

Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to

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

(xxii) 52.247-64, Preference for Privately Owned

U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx.1241(b) and

10 U.S.C.2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

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

(End of clause)

52.216-18, Ordering (AUG 2020)

(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 3 years thereafter, if options are exercised.

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

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

52.216-19, Order Limitation (OCT 1995) (a) minimum delivery order of 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 N/A 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.

52.216-20, Definite Quantity (OCT 1995) – applies until 30 calendar days after contract validity end date;

52.216-22, Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the

“minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Page 25 of 37ORDER NUMBER:

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

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

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 __30 days___; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least __30___ days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _3__ years.

52.222-50, Combating Trafficking in Persons (NOV 2021);

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

52.228-5 Insurance-Work on a Government Installation (Jan 1997

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

52.232-19 Availability of Funds for the Next Fiscal Year.

Funds are not presently available for performance under this contract beyond _2023_. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2023, until funds are made available to the Contracting Officer for performance and until the

Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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

Page 26 of 37ORDER NUMBER:

52.247-34, F.O.B. Destination, (NOV 1991) delivery shall be FOB destination to:

United States Penitentiary (USP) Atwater (ATW1) Federal Way, Atwater, California 95301 Along CA 99

FCI Texarkana (TEX2) Prison Road Texarkana, Texas 75505

FCI Schuylkill (SCH1) I-81 and PA 901W Minersville, PA 17954 - THIS

FACTORY WILL ALSO INCLUDE WORK AT FCI Allenwood (ALP1) Route 15, 2 miles north of Allenwood, Allenwood, PA 17810

FCI Marianna (MNA1) 3625 FCI Road Marianna, FL 32446

FCI Terminal Island (TRM1) Terminal Island 1299 S. Seaside Avenue

Terminal Island, CA 90731

USP Leavenworth (LVN1) 1300 Metropolitan Leavenworth, KS 66048

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) TBD, 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 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

Page 27 of 37ORDER NUMBER:

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

Page 28 of 37ORDER NUMBER:

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.