Solicitation CT2288-20.pdf

1. REQUSITION NUMBER

See "Schedule B"

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

CT2288-20

6. SOLICITATION ISSUE DATE

04/17/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tina Jeffrey

b. TELEPHONE NUMBER (No collect calls)

606-598-1900

8. OFFER DUE DT/LOCAL TIME

05/20/2020 2:00PM

9. ISSUED BY CODE

Manchester Cut and Sew UNICOR-FPI Manchester Manchester, KY 40962

10. THIS AQUISITION IS

X UNRESTRICTED

SET ASIDE0 % FOR

SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

NAICS: 339993

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

Manchester Cut and Sew UNICOR-FPI Manchester Manchester, KY 40962

17a. CONTRACTOR/OFFEROR CODE 999999999 FACILITY CODE

UNDETERMINED SOURCE

-, DC

TELEPHONE NO. TIN:

RFQ: 6200008940

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

18a. PAYMENT WILL BE MADE BY CODE

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

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

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

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

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

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________________

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

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

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

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Tina Jeffrey 606-598-1900

31c. DATE SIGNED

04/28/2020

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

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

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42d. TOTAL CONTAINERS

15. DELIVER TO CODE

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

Prescribed by GSA - FAR (48 CFR) 53.212

PAGE 1 OF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

Terms of delivery: DST

TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:

UNICOR - Federal Prison Industries, Inc.

FCI Fort Dix

5835 Hartford St.

Ft. Dix, NJ 08640

UNICOR - Federal Prison Industries, Inc.

FCI Manchester

805 Fox Hollow Rd

Manchester, KY 40962

UNICOR - Federal Prison Industries, Inc.

FCI Miami

15801 SW 137th Avenue

Miami, FL 33177

UNICOR - Federal Prison Industries, Inc.

FCI Englewood

9595 West Quincy Avenue

Littleton, CO 80123

UNICOR - Federal Prison Industries, Inc.

FCI Waseca

1000 University Dr., SW

Waseca, MN 56093

UNICOR - Federal Prison Industries, Inc.

FCI Edgefield

501 Gary Hill Rd

Edgefield, SC 29824

Solicitation is issued as a three (3) year firm fixed price requirements with Economic Price Adjustment type contract for NAICS 339993 (Fastener, Button, Needle, and Pin Manufacturing). PPI #PCU339993339993.

Offerors which do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers.

The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.

PPI #___________________________________

SOLICITATION IS UNRESTRICTED.

THIS ITEM IS 100% USA DOMESTIC ONLY, MANUFACTURED ENTIRELY IN THE UNITED STATES OF AMERICA. MUST BE BERRY AMENDMENT

COMPLIANT.

DJU6200008940 PAGE 2 OF 24

Request For Quote

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Jonathan.Hoskins@usdoj.gov

BY CLOSE OF BUSINESS FRIDAY, May 15, 2020. NO PHONE CALLS PLEASE.

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

UNICOR's desired delivery is 30 days or sooner after issuance of initial delivery order. Delivery orders will be issued in accordance with 52.216-19.

Vendors shall submit signed and dated offers by commercial delivery service (FedEx, UPS, etc.)only as follows:

UNICOR Manchester

805 Fox Hollow Road

Manchester, KY 40962

ATTN: Jonathan Hoskins, Contract Specialist - UNICOR Warehouse

Or

EMAILED PROPOSALS WILL BE ACCEPTED. However it is the offeror's responsibility to confirm receipt of offer. Email address is Jonathan.Hoskins@usdoj.gov .

Due to logistics and security, do not send offers via U.S. mail.

The date and time for receipt of proposals is May 20, 2020 at 2:00 PM EST. Offer must indicate Solicitation No.

CT2288-20, 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 offer period for this acquisition is 90 days. Offerors agree to hold firm all price offers for 90 days from offer due date.

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

VENDOR'S DUN & BRADSTREET NUMBER:_______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

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

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

Signature

DJU6200008940 PAGE 3 OF 24

The Administrative Contracting officer is Jonathan Hoskins at Jonathan.Hoskins@usdoj.gov.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

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

00001 FAS0186 1,050,000 EA 5000045091

DRAWSTRING-BARREL-LOCK-BLACK

UNICOR PART#: FAS0186

DESCRIPTION: FASTENER

ADJECTIVE: BARREL LOCK

MATERIAL: PLASTIC

COLOR: BLACK

U/M: EA

YKK PART# LC05SHDM2

BARREL LOCK SHALL MAINTAIN A 3-POUND MIN. HOLDING STRENGTH

ON ELASTIC CORD AT -40 DEGREES F, 70 DEGREES F. AND 140 DEGREES F. WHEN

TESTED IN ACCORDANCE WITH ASTM 5034 AT 2 INCHES PER MIN.

BARREL LOCK SHALL WITHSTAND A 5 POUND FORCE WITH TENSILE MACHINE

JAW SEPARATION OF 2IN/MINUTE, USING CORD MIL-C-5040, TYPE II A,(FLAT)

BARREL LOCK SHALL POSSESS 1/2-INCH X 3/8-INCH ELLIPTICAL OR 3/8-INCH

ROUND SHAPE, MINIMUM PUSH BUTTON SIZE.

SAMPLING CONDUCTED IN ACCORDANCE WITH VL I FOR VARIABLES PER MIL-STD-

1916.

DJU6200008940 PAGE 4 OF 24

SUPPLIES OR SERVICES AND PRICES/COSTS

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

00002 LOX0094TN 1,560,000 EA 5000045091

BARREL-LOCK,1/2"X3/8",TAN-499

BARREL-LOCK, 1/2" X 3/8", TAN-499

UNICOR PART #: LOX0094TN

DESCRIPTION: BARREL LOCK 1/2" X 3/8" ELLIPTICAL OR 3/8" ROUND SHAPE,

MINIMUM PUSH-BUTTON SIZE.

SLOTTED (2 SIDES) TO ACCOMODATE A 3/8" NYLON WEBBING HOLD DOWN I.A.W.

PARA 3.6.8 OF GL/PD-06-04.

SIZE: MUST ACCOMODATE 1/8" DIAMETER ELASTIC.

COLOR: TAN 499

U/M: EA

I.A.W. PARA. 3.6.8 AND 4.6.11 OF GL/PD 06-04.

1) MATERIAL MUST BE COMPLIANT WITH DFARS 252.225.7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES.

2) CERTIFICATE OF CONFORMANCE AND TEST REPORTS ARE REQUIRED I.A.W.:

D.P.S.C.M. 4155.3.

THIS MATERIAL WILL BE USED ON CONTRACT ____________________.

00003 LOX0094TN 240,000 EA 5000045091

BARREL-LOCK,1/2"X3/8",TAN-499

BARREL-LOCK, 1/2" X 3/8", TAN-499

UNICOR PART #: LOX0094TN

DESCRIPTION: BARREL LOCK 1/2" X 3/8" ELLIPTICAL OR 3/8" ROUND SHAPE,

MINIMUM PUSH-BUTTON SIZE.

SLOTTED (2 SIDES) TO ACCOMODATE A 3/8" NYLON WEBBING HOLD DOWN I.A.W.

PARA 3.6.8 OF GL/PD-06-04.

SIZE: MUST ACCOMODATE 1/8" DIAMETER ELASTIC.

COLOR: TAN 499

U/M: EA

I.A.W. PARA. 3.6.8 AND 4.6.11 OF GL/PD 06-04.

1) MATERIAL MUST BE COMPLIANT WITH DFARS 252.225.7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES.

2) CERTIFICATE OF CONFORMANCE AND TEST REPORTS ARE REQUIRED I.A.W.:

D.P.S.C.M. 4155.3.

THIS MATERIAL WILL BE USED ON CONTRACT ____________________.

DJU6200008940 PAGE 5 OF 24

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

00004 LOX0160 220,000 EA 5000045091

LOCK-BARREL, TAN499*

LOCK-BARREL, TAN499*

UNICOR PART#: LOX0160

BRAND NAME: ITW NEXUS BARRELOC OR EQUIVALENT. IAW: MIL-DTL-32185 PRIOR

TO THE USE OF AN "OR EQUIVALENT" ITEM, THE SUPPLIER SHALL SUBMIT THE

ITEM WITH SUPPORTING DATA TO THE CONTRACTING OFFICER FOR SUBSEQUENT

APPROVAL OR DISAPPROVAL BY THE RESPONSIBLE MILITARY AGENCY.

DESCRIPTION: 1/2" X 3/8" ELLIPTICAL OR 3/8" ROUND SHAPE. SLOTTED TO

ACCOMMODATE A 3/8" NYLON WEBBING HOLD DOWN IAW: GL/PD-06-16, PARA 3.6.2.

MATERIAL: PLASTIC

SIZE: MUST ACCOMMODATE 1/8" DIAMETER ELASTIC CORD AND 3/16" DIAMETER

ELASTIC CORD

COLOR: TAN 499

U/M: EACH

IAW: MIL-DTL-32185 (LATEST REVISION) (GEN II ECWCS), AND GL/PD-06-17

(LATEST REVISION) (GEN III ECWCS LEVEL 6), AND GL/PD-06-16 (LATEST

REVISION) (GEN III SSCCS LEVEL 5)

TESTING IS REQUIRED IAW: GL/PD-06-17 (GEN III ECWCS LEVEL 6), PARA'S.

3.6.5 AND 4.6.13 (BARREL LOCK), 3.6.3 (ELASTIC CORD); AND GL/PD-06-16

(GEN III SSCCS LEVEL 5), PARA. 3.6.7 AND 4.6.11 (BARREL LOCK), 3.6.4

(ELASTIC CORD), 3.6.2 (WEBBING)

CERTIFICATE OF CONFORMANCE, PASSING TEST REPORTS AND A BERRY AMENDMENT

CERTIFICATE ARE REQUIRED WITH EACH SHIPMENT I.A.W.: D.P.S.C.M. 4155.3

BERRY AMENDMENT CERTIFICATE: #MATERIAL MUST BE COMPLIANT WITH DFARS

252.225-7012

REFERENCE FOR CERTAIN DOMESTIC COMMODITIES.# BERRY CERTIFICATE MUST

INCLUDE A SPECIFIC

REFERENCE FOR ANY COMPONENT CONTAINING A RAW MATERIAL THAT HAS BEEN

DEEMED #NON

AVAILABLE# OR IS COVERED UNDER A DNAD. SEE: FAR 25.103 AND 25.104.

THIS MATERIAL WILL BE USED ON CONTRACT:__________________

SPECIFICATION:_______________

DJU6200008940 PAGE 6 OF 24

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

00005 LOX0094TN 100,000 EA

BARREL-LOCK,1/2"X3/8",TAN-499

BARREL-LOCK, 1/2" X 3/8", TAN-499

UNICOR PART #: LOX0094TN

DESCRIPTION: BARREL LOCK 1/2" X 3/8" ELLIPTICAL OR 3/8" ROUND SHAPE,

MINIMUM PUSH-BUTTON SIZE.

SLOTTED (2 SIDES) TO ACCOMODATE A 3/8" NYLON WEBBING HOLD DOWN I.A.W.

PARA 3.6.8 OF GL/PD-06-04.

SIZE: MUST ACCOMODATE 1/8" DIAMETER ELASTIC.

COLOR: TAN 499

U/M: EA

I.A.W. PARA. 3.6.8 AND 4.6.11 OF GL/PD 06-04.

1) MATERIAL MUST BE COMPLIANT WITH DFARS 252.225.7012 PREFERENCE FOR

CERTAIN DOMESTIC COMMODITIES.

2) CERTIFICATE OF CONFORMANCE AND TEST REPORTS ARE REQUIRED I.A.W.:

D.P.S.C.M. 4155.3.

THIS MATERIAL WILL BE USED ON CONTRACT ____________________.

00006 FAS0186 1,050,000 EA 5000045071

DRAWSTRING-BARREL-LOCK-BLACK

UNICOR PART#: FAS0186

DESCRIPTION: FASTENER

ADJECTIVE: BARREL LOCK

MATERIAL: PLASTIC

COLOR: BLACK

U/M: EA

YKK PART# LC05SHDM2

BARREL LOCK SHALL MAINTAIN A 3-POUND MIN. HOLDING STRENGTH

ON ELASTIC CORD AT -40 DEGREES F, 70 DEGREES F. AND 140 DEGREES F. WHEN

TESTED IN ACCORDANCE WITH ASTM 5034 AT 2 INCHES PER MIN.

BARREL LOCK SHALL WITHSTAND A 5 POUND FORCE WITH TENSILE MACHINE

JAW SEPARATION OF 2IN/MINUTE, USING CORD MIL-C-5040, TYPE II A,(FLAT)

BARREL LOCK SHALL POSSESS 1/2-INCH X 3/8-INCH ELLIPTICAL OR 3/8-INCH

ROUND SHAPE, MINIMUM PUSH BUTTON SIZE.

SAMPLING CONDUCTED IN ACCORDANCE WITH VL I FOR VARIABLES PER MIL-STD-

1916.

DJU6200008940 PAGE 7 OF 24

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

00007 FAS9727 600,000 EA 5000045071

DRAWSTRING-BARREL-LOCK

DRAWSTRING BARREL LOCK TO BE USED ON AF & ARMY TRUNKS

UNICOR PART #: FAS9727

DESCRIPTION: FASTENER

ADJECTIVE: BARREL LOCK

MATERIAL: PLASTIC

COLOR: BLACK

U/M: EA

THE BARREL LOCK FOR THE WAIST DRAWSTRING SHALL BE BLACK PLASTIC,

AMERICAN PLASTICS STYLE #EC-66 OR EQUAL. THE LOCK SHALL PREVENT THE

DRAWSTRING FROM PULLING INTO THE WAIST TUNNEL. THE LOCK SHALL FIT ON

PTU, PFU, IPFU PANTS AND/OR TRUNKS IAW A-A-59750.

VERIFIED BY CRFD/PD 04-07 Rev. D DATED:SEPTEMBER 30,2010(AF IPTU)

CRFD/PD 04-07A DATED JUNE 11, 2007 (AF) AND/OR CRFD/PD 99-01B

DATED MARCH 5, 2008

MATERIAL MUST BE COMPLIANT WITH DFARS 252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

CERTIFICATE OF CONFORMANCE IS REQUIRED

THIS MATERIAL MAY BE USED ON CONTRACTS AND SPE1C1-14-D-1020

DJU6200008940 PAGE 8 OF 24

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13.5 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

CT2288-20 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 2020-05. The North American Industry

Classification System code is 339993, Fastener, Button, Needle, and Pin Manufacturing. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc., intends to enter into a three (3) year firm-fixed-price, requirements type contract for the following commercial item(s): Plastic Barrel Locs and Clips.

SEE SECTION B FOR LIST OF ITEMS.

ALL ITEMS ARE REQUIRED TO BE BERRY AMENDMENT COMPLIANT - MANUFACTURED ENTIRELY IN THE USA.

ESTIMATED QUANTITY/NOT-TO-EXCEED QUANTITY FOR THE LIFE OF CONTRACT IS 4,820,000 total pieces.

Items may be awarded individually.

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 Administrative Contracting Officer giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

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

Contractor and as such, the Contractor will :

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

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

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

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

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

DJU6200008940 PAGE 9 OF 24

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Robert Britt, Supervisory Operating Accountant

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)

52.211-16, Variation in Quantity (APR 1984) of ten percent (10%) increase or ten percent (10%) decrease, applied to the quantity per line item in each delivery order.

52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018).

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (MAR

2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

(Aug 2019) (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. 3805 note)).

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

[Contracting Officer check as appropriate.]

DJU6200008940 PAGE 10 OF 24

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

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

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

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

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x__(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31

U.S.C. 6101 note).

___(5) [Reserved].

___(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

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

___(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

___(10) [Reserved].

___(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a).

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

_x__(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

___(13) [Reserved]

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

___(ii) Alternate I (MAR 2020).

___(iii) Alternate II (Nov 2011).

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

___(ii) Alternate I (MAR 2020) of 52.219-7.

___(iii) Alternate II (Mar 2004) 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 (MAR 2020) (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 (Mar 2020) of 52.219-9.

___(v) Alternate IV (Aug 2018) of 52.219-9

DJU6200008940 PAGE 11 OF 24

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

___(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

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

___(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

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

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

Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

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

Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

___(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

_x_(27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

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

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

_x_(30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

_x__(31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___(ii) Alternate I (July 2014) of 52.222-35.

_x_(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

___(ii) Alternate I (July 2014) of 52.222-36.

_x__(33) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

____(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

___(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of

DJU6200008940 PAGE 12 OF 24

commercially available off-the-shelf items.)

_x__(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 (Jun2016)

(E.O. 13693).

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

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

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

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

___(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

_X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

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

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

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

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

___(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. All supplies between $25,000 and $180,000

EXCEPT SB set asides

___(ii) Alternate I (May 2014) of 52.225-3.

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

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

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

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

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

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

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

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

___(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

DJU6200008940 PAGE 13 OF 24

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

_x_(57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

___(58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

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

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

___(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

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

___(iii) Alternate II (Feb 2006) 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).

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

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

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

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

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

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and

DJU6200008940 PAGE 14 OF 24

does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

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

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

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

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

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

Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Equipment. (Aug 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

DJU6200008940 PAGE 15 OF 24

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

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

(End of clause)

52.216-18, Ordering (Oct 1995)

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

(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 20,000 EA for a single line item; (b)(1) max delivery order for a single item in excess of 60,000 EA ; (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)

DJU6200008940 PAGE 16 OF 24

are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship;

52.216-21, Requirements (Oct 1995)

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

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

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

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

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

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

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

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

52.229-3 Federal, State, and Local Taxes. (Feb 2013)

52.232-18, Availability of Funds (APR 1984)

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

52.246-15, Certificate of Conformance (APR 1984)

With the original invoice, the vendor will furnish the original Certificate of Conformance that will be signed by the person who has certification authority with their title and position included. A copy of this Certificate of

Conformance and the packing slip will accompany each shipment. The furnishing of the Certificate of Conformance will be a condition of acceptance at destination and payment will not be made until it is received. Inspection and acceptance will be by FPI.

Awardee must maintain documented evidence that demonstrates the traceability of the materials that the Awardee provides for this contract/purchase order. The Awardee's Certificate of Conformance shall only be signed by the individual who is the Awardee's authorized Quality Representative, or acting Quality Representative.

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

DJU6200008940 PAGE 17 OF 24

UNICOR - Federal Prison Industries, Inc.

FCI Fort Dix

5835 Hartford St.

Ft. Dix, NJ 08640

UNICOR - Federal Prison Industries, Inc.

FCI Manchester

805 Fox Hollow Rd

Manchester, KY 40962

UNICOR - Federal Prison Industries, Inc.

FCI Miami

15801 SW 137th Avenue

Miami, FL 33177

UNICOR - Federal Prison Industries, Inc.

FCI Englewood

9595 West Quincy Avenue

Littleton, CO 80123

UNICOR - Federal Prison Industries, Inc.

FCI Waseca

1000 University Dr., SW

Waseca, MN 56093

UNICOR - Federal Prison Industries, Inc.

FCI Edgefield

501 Gary Hill Rd

Edgefield, SC 29824

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__________________

52.252-6, Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Local Level Economic Price Adjustment clause (48 CFR Chapter 16) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

(a) TBD,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

DJU6200008940 PAGE 18 OF 24

furnished for payments.

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

2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

(a) The following definitions apply in this provision:

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

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

Contracting Officer or the Agency Protest Official.

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

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

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

(2) Be filed with the Contracting Officer.

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

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

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

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

(ii) Solicitation or contract number.

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

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

Contracting Officer or the Agency Protest Official decide the protest.

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

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

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

DJU6200008940 PAGE 19 OF 24

stay or suspension, 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 Justic.

Local clause FPI 1000H1 Economic Price Adjustment;

Local clause FPI 1000H1 Economic Price Adjustment applies twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period may be adjusted in accordance with the change in the Producer Price Index for PCU339993339993 using the simple percentage method described in the U.S. Department of Labor, Bureau of Labor Statistics September 1991, Report 807, titled "Escalation and Producer Price Indexes: A Guide for Contracting Parties".

IT IS THE CONTRACTORS RESPONSIBILITY TO REQUEST THIS ADJUSTMENT. Adjustments may be requested for a period not to exceed 30 days after the eligible adjustment date. Requests that are made after the 30-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price.

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

In computing any contract price adjustment, the most recently published index as of the date of award will be compared to the most recently published index as of the date of adjustment. No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10%, based on the original contract price; downward adjustments are not limited. Indices are available from the Bureau of Labor Statistics at http://www.bls.gov/ppi/.

PART III: PROVISIONS

52.204-7, System for Award Management (Oct 2018)

52.211-2, AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION

STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch;

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215)

697-2667/2179, Facsimile (215) 697-1462.

52.212-1, Instructions to Offerors - Commercial Items (OCT 2018)

DJU6200008940 PAGE 20 OF 24

52.212-2, Evaluation - Commercial Items (OCT 2014), significant evaluation factors are past performance, technical factors and price.

The following factors will be combined to make up the "technical factors" in the preceding sentence:

Technical will consist of the following:

1. Conformance to Material Specifications as listed in Section B. Bid Samples and/or passing test reports may be requested before…