Solicitation EP2972-24.pdf
PDF 245 KB Posted
- Attached to
- Van Conversion to 4x4
- Solicitation number
- EP2972-24
About this file
This solicitation is seeking proposals for the conversion of vans to 4x4 vehicles. Responses should include the attached Solicitation EP2972-24 form along with three completed Business Management Questionnaire forms. All questions must be submitted in writing to osanchez@central.unicor.gov by March 8, 2024. Proposals and questionnaires are due by March 25, 2024 and should be emailed to the same address. The solicitation is being conducted by the Department of Justice Bureau of Prisons Correctional Facilities. Interested parties should direct any questions to the point of contact and submit proposals and completed forms before the listed deadlines to be considered for this opportunity involving van conversions to 4x4 vehicles for the Department of Justice Bureau of Prisons Correctional Facilities.
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment A0003-EP2972-24.pdf | ||
| Amendment A0002 - EP2972-24.pdf | ||
| Amendment A0001 - EP2972-24.pdf | ||
| Business Management Questionnaire Forms.pdf |
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Page 1 of 33ORDER 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
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
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
1620000186
EP2972-24
Omar Sanchez
BAS1 100
BAS1
391014499
UNDETERMINED SOURCE
NA BLANK
WASHINGTON DC 20534
UNICOR FPI CENTRAL ACCOUNTS PAYABLE
PO BOX 11849
LEXINGTON, KY 40578-1849
1620000186 See Section B
UNICOR FUNDS 15X4500 FUNDS SHALL BE OBLIGATED BY INDIVIDUAL DELIVERY ORDERS AND NOT BY THE CONTRACT ITSELF
Omar Sanchez
X
811111
01/10/2024
03/25/2024
2:00 PM
BAS1
BASTROP VEHICULAR
1341 TX-95
BASTROP TX 78602
BASTROP VEHICULAR
1341 TX-95
BASTROP TX 78602
01/10/2024
BASTROP VEHICULAR
1341 TX-95
BASTROP TX 78602
01/10/2024
12 M Ann Receip
Page 2 of 33ORDER NUMBER:
Request for Quotation
1620000186
Terms: DST
TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:
UNICOR, Federal Prison Industries, Inc.
1341 Hwy. 95N
Bastrop, TX 78602
Solicitation is issued as a one (1) year firm fixed price indefinite delivery-indefinite quantity type contract.
SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN
WRITING VIA EMAIL TO: osanchez@central.unicor.gov.
QUESTIONS WILL NOT BE ACCEPTED AFTER: MARCH 8th, 2024 2:00 P.M PST
QUESTIONS AND RESPONSES WILL BE POSTED VIA AMENDMENT.
NO PHONE CALLS PLEASE
For a list, description and total estimated quantities of all items, refer to Section B.
Vendors shall submit signed and dated offers by email. Email address is osanchez@central.unicor.gov. Due to security considerations, do not send offers via U.S. mail. Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.
The date and time for receipt of proposals is 03/25/2024 at 2pm PST.
Offer must indicate Solicitation No. EP2972-24, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to
Page 3 of 33ORDER NUMBER:
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Item No. SUPPLIES OR SERVICE Quantity U/M UNIT PRICE AMOUNT IN US$ Delivery Date
Request for Quotation
1620000186 evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.
THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:
VENDOR'S DUN & BRADSTREET NUMBER:____________________________
SAM UNIQUE ENTITY NUMBER:_______________________________________
VENDOR'S POINT OF CONTACT: _____________________________________
VENDOR'S TELEPHONE & FAX NUMBER: _____________________________
VENDOR'S EMAIL ADDRESS: ________________________________________
VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): __________________
By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System
Award Management) prior to submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.
_______________________________________________ Signature
The Administrative Contracting officer is Omar Sanchez at osanchez@central,unicor.gov).
00001 AHW0002 90 EA 11/19/2024
GM-VAN-4X4-DRIVE-CONVERSION
DESCRIPTION:
THE FOUR WHEEL(4X4) DRIVE CONVERSION VENDOR MUST USE GENERAL MOTORS
ORIGINAL EQUIPMENT WHEREVER POSSIBLE FOR THE 4X4 CONVERTED GM VAN
Page 4 of 33ORDER NUMBER:
1620000186
WHETHER THE COMPONENTIS STANDARD TO THE GM OR A STANDARD GM COMPONENT
FROM THEIR K-SERIES MODEL LINE; VENDOR ENGINEERS, SHALL DESIGN AND
MANUFACTURE THE 4X4 SYSTEM WITH AS MANY GM OE COMPONENTS AS POSSIBLE,
FOR EASE OF SERVICE. ALL NON-PROPRIETY COMPONENTS PURCHASED SHALL BE
NEW, DIRECT FROM GM OR THE GM SUPPLIER. WHETHER PROPRIETY OR NOT,
VARIOUS MOUNTING BRACKETS, ADAPTERS AND OTHER COMPONENTS SHALL BE
ENGINEERED AND DESIGNED IN ACCORDANCE WITH SAE SPECIFICATIONS. ALL
COMPONENTS SHALL BE MANUFATURED IN HOUSE OR PURCHASED FROM APROVED
VENDORS. ALL VEHICLES SHALL BE BUILT TO U.S. STANDARDS ONLY.
VAN CONVERSION 4X4 SYSTEM SHALL INCLUDE:
TORSION BAR IFS (4100/4600LBS)
MANUAL SHIFTER
4X4 INDICATOR LIGHT
PROTECTIVE AFTERMARKET OR FABRICATED STEEL ROCKER GUARDS
NO INCREASE IN RIDE HEIGHT
MUST MAINTAIN LOWER CENTER OF GRAVITY
GM RETAINED COMPONENTS/SYSTEMS:
OEM BRAKE SYSTEM
OEM WHEELS AND TIRES
OEM STEERING
TRACTION CONTROL
FOUR WHEEL ANTI-LOCK BRAKE SYSTEM (ABS)
TIRE PRESSURE MONITORING SYSTEM (TPMS)
STABILITRAK ELECTRONIC STABILITY CONTROL (ESC)
Page 5 of 33ORDER NUMBER:
1620000186
STATEMENT OF WORK
TASKS
i. Receive and store as many as ninety (90) Government Furnished vans simultaneously in anticipation of being subject to conversion services at Vendors conversion facility.
ii. Commit to convert a minimum of ten (10) Government Furnished vans per month each successive month until all vans are converted as specified.
iii. Convert 4X2 van 4.3Liter Gas, 6.6 Liter Gas, or 2.8 Liter Diesel engine van to 4X4.
iv. Install replacement tires, BF Goodrich LT 245/75R 16E All Terrain
TA/KO Tires or equal, Quantity 4, with OEM Tire Exchange.
v. Install replacement shock absorbers, Billstein Heavy Duty Shocks or equal, Quantity 4.
vi. Install replacement Front Sway Bar, Hellwig Sway Bar for Van only or equal.
vii. Install replacement Heavy Duty Tie Rod Assembly.
viii. Install aftermarket or fabricated protective steel rocker guards.
ix. Transport GFM vans to and from 4X4 Van Conversion Vendor location from the designated UNICOR upfit factory.
Vendor must use General Motors Original Equipment Components:
The Four Wheel (4X4) Drive Conversion Vendor must use General Motors
Original Equipment wherever possible for the 4x4 Converted GM van whether the component is standard to the GM Van or a standard GM component from their K-Series model line; Vendor engineers, shall design and manufacture the 4x4 system with as many GM OE components as possible, for ease of service. All non-proprietary components purchased shall be new, direct from GM or the GM supplier. Whether proprietary or not, various mounting brackets, adapters and other components shall be engineered and designed in accordance with SAE specifications. All components shall be manufactured in house or purchased from approved vendors. All vehicles shall be built to U.S. standards only.
Van Conversion 4x4 System shall include:
• Torsion Bar IFS (4100/4600lbs)
• Manual Shifter
Page 6 of 33ORDER NUMBER:
1620000186
• 4x4 Indicator Light
• protective aftermarket or fabricated Steel Rocker Guards
• No increase in ride height1
• Must Maintain or Lower center of gravity
K-Series Components Used
• Front Axle with Disconnect
• GM #261 Transfer Case
• 2 speed (4HI, 4Low)
GM retained components/systems
• OEM Brake System
• OEM Wheels and Tires
• OEM Steering
• Traction Control
• Four Wheel Anti-Lock Brake System (ABS)
• Tire Pressure Monitoring System (TPMS)
• StabiliTrak Electronic Stability Control (ESC)
For vehicles on Ship-Thru status, Vehicles converted to 4 wheel drive by
Vendor shall retain the OEM warranty on all unaltered portions of the vehicle. The 4x4 conversion on New Untitled Vehicle shall carry a Vendor warranty matching the OEM, 5 year/ 60,000 mile limited warranty for parts and labor on select 4x4 powertrain components. All other Four
Wheel (4X4) Drive Conversion Vendor installed 4x4 components shall carry a 3 year/36,000 mile warranty for parts and labor.
This warranty is only valid for vehicles sold and operated in the U.S.
INSPECTION
FPI inspection will contain visual and function checks on the installed parts and vehicle. The ride height needs to be a minimum of 2", dual speed heavy duty transfer case, warranty on parts and labor for minimum of 3 years or 36,000 miles, and a 4x4 indicator light. Installs need to be certified by the OEM to ensure the OEM warranty continues along with
US DOT certified.
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
Page 7 of 33ORDER NUMBER:
1620000186 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
EP2972-24 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 2023-06. The
North American Industry Classification System code is 811111. This requirement is 100% set-aside for small business; small business size standard for this solicitation is $9 million. UNICOR, Federal Prison
Industries, Inc., intends to enter into a 1-year, indefinite delivery-indefinite quantity type contract for the following commercial item(s):
ALL ITEMS WILL BE AWARDED TO ONE OFFEROR.
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 Officers at UNICOR Victorville or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the
Governments rights to impose consideration against delinquencies or other remedies provided by this contract.
Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the
Contractor will:
During the contract period, the Contractor shall report to the
Contracting Officer all price reductions offered to the category of
Page 8 of 33ORDER NUMBER:
1620000186 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.
INVOICES ARE TO BE MAILED TO:
UNICOR, Federal Prison Industries
Central Accounts Payable
P.O. Box 11849
Lexington, KY 40578-1849
ATTN: Supervisory Operating Accountant
PH: 1-800-827-3168
Or
Page 9 of 33ORDER NUMBER:
1620000186
INVOICES ARE TO BE EMAILED TO:
accountspayable@central.unicor.gov
GOVERNMENT FURNISHED PROPERTY (if applicable)
Item Description: Chevrolet cargo and passenger vans
UNICOR Factory Location(s):
1341 Hwy 95 N.
Bastrop, TX 78602
All Chevrolet cargo and passenger vans will be provided to the successful offeror as government furnished property after award and the offeror will be required to acknowledge the receipt of Chevrolet cargo and passenger vans in writing. Any requested changes to the Chevrolet cargo and passenger vans must be made in writing to the contracting officer at (Contracting osanchez@central.unicor.gov. No changes may be made to the Chevrolet cargo and passenger vans without prior written approval from the Government. THE GOVERNMENT CAN REQUEST THESE CHEVROLET
CARGO AND PASSANGER VANS BE RETURNED AT ANY TIME AND THE OFFEROR AGREES
THEY ARE FURNISHED
AS GOVERNMENT PROPERTY.
Offeror agrees to package the Chevrolet cargo and passenger vans for shipment in compliance with industry standards.
At a minimum the Chevrolet cargo and passenger vans must be secured to prevent movement and damage during shipment.
The offeror is responsible for any damages caused to the Chevrolet cargo and passenger vans by the offeror while in its possession. The offeror is to submit a written quote to the government for repair work prior to any work being performed. The contracting office r will provide written. authorization to the offeror to proceed with repairs if deemed necessary. UNICOR may elect to send its representative to the successful offerors facility to inspect the Chevrolet cargo and passenger vans at any time.
PART II: FAR CLAUSES
Page 10 of 33ORDER NUMBER:
1620000186
52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)
52.212-4, Contract Terms and Conditions - Commercial Items (DEC 2022).
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(a) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (JAN 2017) (section 743 of Division E, Title
VII, of the Consolidated and Further Continuing Appropriations Act, 2015
(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities (DEC
2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section
889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic
Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)
(Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph
(b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(June 2020), with Alternate I (JUN 2020) (41 U.S.C. 4704 and 10 U.S.C.
2402).
Page 11 of 33ORDER NUMBER:
1620000186
__ (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 (NOV 2023) (Section 1553 of Pub. L. 111-5).
(Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (
41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (6) [Reserved].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.204-15, Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN
2023) (Section 102 of Division R of Pub. L. 117-328).
___(10) 52.204–28, Federal Acquisition Supply Chain Security Act
Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).
__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act
Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204–30.
_X_ (12) 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).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
(OCT 2022) (15 U.S.C.657a).
__ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
Page 12 of 33ORDER NUMBER:
1620000186
_X_ (18) (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)
__ (19) (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.
_X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15
U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.
__ (22) (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_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15
U.S.C.637(a)(14)).
__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEPT 2021)
(15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small
Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
_X_ (26) (i) 52.219-28, Post Award Small Business Program Representation
(SEP 2023) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT
2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small
Business Program (OCT 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves
(Mar 2020) (15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C.
637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and
Page 13 of 33ORDER NUMBER:
1620000186
Remedies (NOV 2023) (E.O.13126).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (35) (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_ (36) (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_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.
4212).
_X_ (38) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496).
X_(39) (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).
__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022).
(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (41) (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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of
Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (44) (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.
__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun
2014) (E.O.s 13423 and 13514).
Page 14 of 33ORDER NUMBER:
1620000186
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY
2020) (42 U.S.C. 8259b).
__ (47) (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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging
While Driving (Jun 2020) (E.O. 13513).
__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (52) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter
83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade
Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.
3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections
4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (NOV 2023) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X (55) 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).
__ (56) 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).
__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov
2007) (42 U.S.C. 5150).
__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
Page 15 of 33ORDER NUMBER:
1620000186
__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Items
(NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (61) 52.232-30, Installment Payments for Commercial Items (NOV 2021)
(41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for
Award Management (Oct 2018) (31 U.S.C. 3332).
__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than
System for Award Management (Jul 2013) (31 U.S.C.3332).
_X_ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).
__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)
(15 U.S.C. 637(d)(13)).
__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (NOV 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
,,,, [Contracting Officer check as appropriate.]
_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41
U.S.C. chapter 67).
_X_ (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).
Page 16 of 33ORDER NUMBER:
1620000186
__ (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).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan
2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and
Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart
4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph
Page 17 of 33ORDER NUMBER:
1620000186
(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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41
U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by KasperskyLab Covered Entities (DEC
2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN
2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act
Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in
FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C.
4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C.
Page 18 of 33ORDER NUMBER:
1620000186
4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C.
chapter 67).
(xvi)
(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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O.
12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive
Order 14026 (JAN 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)
(E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions
Outside the United States (OCT 2016) (Section 862, as amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down
Page 19 of 33ORDER NUMBER:
1620000186 required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate II (Dec 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and
(e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate
Inspector General appointed under section 3 or 8 G of the Inspector
General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs
(a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021)
( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
Page 20 of 33ORDER NUMBER:
1620000186
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41
U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities (Dec
2023) (Section 1634 of Pub. L. 115-91).
(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Eov 2021) (Section
889(a)(1)(A) of Pub. L. 115-232).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023)
(Section 102 of Division R of Pub. L. 117-328).
(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act
Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
(H) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in
FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.
4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) ( 29 U.S.C. 793).
(M) 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.
Page 21 of 33ORDER NUMBER:
1620000186
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.
chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22
U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and
E.O. 13627).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive
Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive
Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022)
(E.O. 13706).
(U)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with
Page 22 of 33ORDER NUMBER:
1620000186 paragraph (e) of FAR clause 52.226-6.
(X) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(Y) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(END OF CLAUSE)
52.216-18, Ordering (AUG 2020).
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of award_ through _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.
52.216-22, Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the
Page 23 of 33ORDER NUMBER:
1620000186 quantity of supplies or services designated in the Schedule as the
“minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 calendar days after contract validity end date.
(End of clause)
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
Page 24 of 33ORDER NUMBER:
1620000186
Representative, or acting Quality Representative.
52.247-34, F.O.B. Destination (Nov 1991). delivery shall be FOB destination to:
UNICOR, Federal Prison Industries
1341 Hwy. 95 N
Bastrop, TX 78602
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 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 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.
Page 25 of 33ORDER NUMBER:
1620000186
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
Page 26 of 33ORDER NUMBER:
1620000186 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, 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
52.204-7, System for Award Management (Oct 2018)
52.204-24, Representation Regarding Certain Telecommunications and Video
Page 27 of 33ORDER NUMBER:
1620000186
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, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications…
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