RC0126-23.pdf

Page 1 of 34ORDER 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

RC0126-23

Sharon Oliver 202-305-3812

COCO 100

COCO

UNICOR FPI CENTRAL ACCOUNTS PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

1620000087 See Section B

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

Sharon Oliver

X

541620

12/14/2022

01/11/2023

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

01/11/2023

UNICOR, FPI CENTRAL OFFICE

400 1ST ST NW

WASHINGTON DC 20534-0004

16.5 M Ann Rece

Sharon.oliver@usdoj.gov

Page 2 of 34ORDER NUMBER:

Terms:

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 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.

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

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

UNICOR's desired delivery shall be prior to current certifications expiration dates.

Page 3 of 34ORDER NUMBER:

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 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 01/11/2023 at (2:00pm, EST). Offer must indicate Solicitation No. RC0126-23<(>,<)> time specified for receipt of offer, name, address and

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 34ORDER 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 R2 Auditing, Consulting, & Training 20231,400 EA 12/31/2023

00003 R2 Auditing, Consulting, & Training 20241,400 EA 12/31/2024

00005 R2 Auditing, Consulting, & Training 20251,400 EA 12/31/2025

STATEMENT OF WORK

The purpose of the intended contract is to provide for private firm, third party professional auditing, consultation and training services for Unicor's Electronics Recycling Business Group Factories at the following locations:

1- Atwater, CA

2- Marianna, FL

3- Schuylkill (Minersville), PA

4- Texarkana, TX

5- Allenwood, PA

6- Leavenworth, KS

7- Terminal Island, CA

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.

Provider will be expected to perform the following for the 2023 Audit cycle:

Page 5 of 34ORDER NUMBER:

* Review the current management system in place at all locations to determine compliance with all standards associated with RIOS & R2V3

Responsible Recycling.

* For all locations, make recommendations and assist with implementation of necessary changes to meet all standards associated with RIOS and R2V3

Responsible Recycling for the 2023 Surveillance Audits.

* Assist Unicor staff with and review Downstream Due Diligence documentation of Unicor's approximately 20 business partners to determine compliance with all applicable standards.

* Provide training in an effort to familiarize staff with the required knowledge to maintain compliance with all standards associated with RIOS and R2V3 Responsible Recycling.

* Schedule 2023 Surveillance Audits for all locations.

* Provide onsite support during all Certification Audits.

* Provide support to ensure continual compliance with R2V3 & RIOS

Standards.

* Perform Internal and Compliance Audits as required by R2V3 & RIOS.

Provider will be expected to perform the following for the 2024 Audit cycle:

* Review the current management system in place at all locations to determine compliance with all standards associated with RIOS & R2V3

Responsible Recycling.

* For all locations, make recommendations and assist with implementation of necessary changes to meet all standards associated with RIOS and R2V3

Responsible Recycling for the 2024 Certification Audits.

* Assist Unicor staff with and review Downstream Due Diligence documentation of Unicor's approximately 20 business partners to determine compliance with all applicable standards.

* Provide training in an effort to familiarize staff with the required knowledge to maintain compliance with all standards associated with RIOS and R2V3 Responsible Recycling.

* Schedule 2024 Surveillance Audits for all locations.

* Provide onsite support during all Certification Audits.

* Provide support to ensure continual compliance with R2V3 & RIOS

Standards.

* Perform Internal and Compliance Audits as required by R2V3 & RIOS.

Page 6 of 34ORDER NUMBER:

Provider will be expected to perform the following for the 2025 Audit cycle:

* Review the current management system in place at all locations to determine compliance with all standards associated with RIOS & R2V3

Responsible Recycling.

* For all locations, make recommendations and assist with implementation of necessary changes to meet all standards associated with RIOS and R2V3

Responsible Recycling for the 2025 Surveillance Audits.

* Assist Unicor staff with and review Downstream Due Diligence documentation of Unicor's approximately 20 business partners to determine compliance with all applicable standards.

* Provide training in an effort to familiarize staff with the required knowledge to maintain compliance with all standards associated with RIOS and R2V3 Responsible Recycling.

* Schedule 2025 Surveillance Audits for all locations.

* Provide onsite support during all Certification Audits.

* Provide support to ensure continual compliance with R2V3 & RIOS

Standards.

* Perform Internal and Compliance Audits as required by R2V3 & RIOS.

Miscellaneous Information:

Location ,,,,,,# of Staff ,,# of Inmate Workers ,,# of Buildings

Atwater, CA ,,,,6 ,,,,,,,,100 ,,,,,,,,2

Marianna, FL ,,,,5 ,,,,,,,,180 ,,,,,,,,2

Schuylkill, PA ,,,,8 ,,,,,,,,260,,,,,,,, 3

Texarkana, TX ,,,,8 ,,,,,,,,210 ,,,,,,,,2

Allenwood, PA ,,,,4 ,,,,,,,,130,,,,,,,, 2

Leavenworth, KS ,,2 ,,,,,,,,50,,,,,,,, 1

Terminal Island, CA 6 ,,,,,,,,190 ,,,,,,,,1

* All locations currently hold certification to R2V3 and RIOS certification.

* All locations are operated inside secure Federal Bureau of Prisons facilities.

* Travel costs will be reimbursed at the applicable GSA/Federal rates.

Page 7 of 34ORDER 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 will not be issued. The solicitation number is

RC0126-23 and this solicitation is issued as a Request For Proposals

(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 541620

Environmental Consulting Services. This requirement is 100% Set-Aside for Small Business; small business size is $16,500,000. 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 3 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.

ITEMS WILL BE AWARDED IN GROUPS. ALL ITEMS IN A GROUP WILL BE AWARDED

TO ONE OFFEROR. OFFERS WHICH DO NOT CONTAIN PRICES FOR ALL ITEMS WITHIN

A GROUP MAY NOT BE CONSIDERED FOR AWARD FOR THAT GROUP. MORE THAN ONE

GROUP MAY BE AWARDED TO AN OFFEROR. GROUPS ARE AS FOLLOWS:

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 contract, the contractor must immediately notify the Field

Page 8 of 34ORDER NUMBER:

Administrative Contracting Officers at the following UNICOR locations.

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

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

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

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

Page 9 of 34ORDER NUMBER:

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 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

Page 10 of 34ORDER NUMBER:

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

Page 11 of 34ORDER NUMBER:

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

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

Page 12 of 34ORDER NUMBER:

orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (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 items:

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

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

(June 2020), with Alternate I (JUN 2020) (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.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier

Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016)

Page 13 of 34ORDER NUMBER:

(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. (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]

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

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

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

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (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.

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

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

Page 14 of 34ORDER NUMBER:

__ (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).

_X_ (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)).

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

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

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

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

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

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

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

(38 U.S.C. 4212).

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

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

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

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

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

(38 U.S.C. 4212

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (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).

Page 15 of 34ORDER NUMBER:

(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

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

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

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

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

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

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

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

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

_x_ (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).

_x_ (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.

Page 16 of 34ORDER NUMBER:

__ (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).

_X_ (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)

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

_X_ (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).

_X_ (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

Page 17 of 34ORDER NUMBER:

reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018)

(41 U.S.C. chapter 67

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

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

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

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

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67__ (4) 52.222-44, Fair

Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (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).

__ (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

Page 18 of 34ORDER NUMBER:

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 (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, Page 19 of 34ORDER NUMBER:

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).

(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

Page 20 of 34ORDER NUMBER:

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)

___ (2) Alternate I (Mar

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

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (May 2022) (Executive

Order 12989).

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

Order 14026 (Jan 2022).

paragraph (d) of FAR clause 52.247-64.

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 ae 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.

Page 21 of 34ORDER NUMBER:

(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;

52.216-21, Requirements (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 or 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. 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

Page 22 of 34ORDER NUMBER:

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 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 _____, until funds are made available to the Contracting Officer for performance and until the

Contractor receives notice of availability, to be confirmed in writing

Page 23 of 34ORDER NUMBER:

by the Contracting Officer.

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

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, 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

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

Page 24 of 34ORDER NUMBER:

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

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

Page 25 of 34ORDER NUMBER:

(ii) Solicitation or contract number.

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

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person.

Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, Page 26 of 34ORDER NUMBER:

unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice

PART III: PROVISIONS

52.204-24<(>,<)> Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph

(c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph

(v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming,…