SOLICITATION FN1576-24.pdf

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FPI EL RENO IRONWORKER
Solicitation number
FN1576-24
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This document is a solicitation (FN1576-24) issued by the Federal Prison Industries (FPI), which operates under the trade name UNICOR, for the procurement of one Ironworker Machine for their furniture production factory located at FPI El Reno in Oklahoma.

The solicitation is a 100% small business set-aside with an anticipated single award of a firm-fixed-price contract. The NAICS code is 333517 (Machine Tool Manufacturing). The machine must meet specific requirements including 90-ton punching capacity, bending, shearing, and coping/notching capabilities. The solicitation includes a detailed list of standard features required. Offerors must provide pricing, shipping, warranty, and other requested information. Offers are due by July 16, 2024 at 2:00 pm EST. The government intends to evaluate offers and make an award decision. UNICOR may add additional factories or materials to the awarded contract through future modifications.

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FN1576-24 A0001 Ironworker.pdf PDF
ACH FORM 2024.pdf PDF
CONTRACTING BUSINESS MANGAGEMENT QUESTIONNAIRE.pdf PDF

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Page 2 of 87ORDER 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

1620000245

Terms: DST

00001 IRONWORKER MACHINE 900 1 EA 08/06/2024

SECTION A - Solicitation FN1576-24

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Federal Prison Industries (FPI), which operates under the trade name

UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates approximately 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.

Product is to be delivered FOB Destination to the following UNICOR location:

UNICOR FCI El Reno 4205 E Hwy 66 W El Reno, OK 73036

DELVIERY HOURS: 7:30 AM TO 2:00 PM

GENERAL INTENTION: It is the intent of this solicitation to result in a

Page 3 of 87ORDER NUMBER:

Request for Quotation

1620000245 one (1) Purchase Order Firm Fixed Price for a Ironworker Machine to be used in the UNICOR's Furniture Production Factory for FPI El Reno, OK.

This solicitation is expected to be a single award Firm Fixed Price

Contract with a 100% small business set aside. The NAICS code for this requirement is 333517 Machine Tool Manufacturing. The size standard for

NAICS Code 333517, Machine Tool Manufacturing, is 500 employees.

All offerors shall read the solicitation in its entirety prior to submission of any questions. All questions SHALL be submitted in writing. At no time shall offerors contact individuals at the individual factories.

No questions will be answered verbally. All questions shall be submitted in writing to Barbara.McMaster@usdoj.gov by July 8, 2024, at 2:00 pm EST and must reference the solicitation number FN1576-24 in the subject of the request. No questions will be answered after that date. An amendment will be issued with answers to all questions received before the deadline date for questions.

Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Solicitation number is FN1576-24 and this solicitation is issued as a Request for Quote (RFQ). It is anticipated that this solicitation will result in a Single Award.

Offer closing date is July 16, 2024, at 2:00PM EST. Quotes received after this time WILL NOT BE CONSIDERED FOR AWARD. Questions shall be emailed to Barbara.McMaster@usdoj.gov no later than July 16, 2024, at

2:00 pm EST. Questions received after this time will not be answered.

Offer must indicate Solicitation No. FN-1576-24, 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, Page 4 of 87ORDER NUMBER:

1620000245 if any.

The following information pertains to the Standard Form 1449

Solicitation:

OMB 1103-0018

The offer acceptance period is 120 calendar days. Block 31b, Barbara

McMaster, Contracting Officer

NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract.

All solicitations (also future procurement) and any other information

(amendments, etc.) may be obtained through SAM.gov at www.sam.gov.

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

SAM UNIQUE ENTITY NUMBER:_______________________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

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

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System

Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is Barbara McMaster at

Barbara.McMaster@usdoj.gov.

All offerors must complete the following information prior to submission

Page 5 of 87ORDER NUMBER:

1620000245 of offer to be considered for award, in addition to the requirements of

Section L

Offerors must email proposals to Barbara McMaster, Contract Specialist, at Barbara.McMaster@usdoj.gov. The proposal must have the solicitation number FN1576-24 in the subject line of the email. All amendments must be signed and dated and submitted with proposal.

Offerors must also send one copy of the proposal and all amendments

(signed) via FedEx to:

FCC Yazoo City/UNICOR

2225 Haley Barbour Parkway

Yazoo City, MS 39194

ATTN: Barbara McMaster

The postmark on this package should be on or before the solicitation deadline.

All solicitations (also future procurement) and any other information

(amendments, etc.) may be obtained through SAM.gov at www.sam.gov.

All offerors must complete the following information prior to submission of offer to be considered for award:

1.,,ACH Form - which can be found on UNICOR website at www.unicor.gov

About UNICOR - Doing Business with UNICOR

For vendors

Electronic Vendor Payment

Scroll down to ACH Form, Print and submit with written offer

2.,,Complete the ACH form and registration in SAMS http://sam.gov formerly known as CCR and ORCA. The ACH form can be found on UNICOR's webpage at www.unicor.gov. For the ACH form click on Doing Business with

UNICOR

For Vendors

Electronic Vendor Payment

Scroll down to ACH Form, Print and submit with written offer. What is

SAM?

The System for Award Management (SAM) is combining eight federal procurement systems and the Catalog of Federal Domestic Assistance into

Page 6 of 87ORDER NUMBER:

1620000245 one new system. The benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

With one user ID and password, SAM will benefit contractors by providing access to all the capabilities associated with:

1.,,Registering to do business with the Government

2.,,Representing/Self-Certifying as a Small Business

3.,,Viewing Business Opportunities - www.sam.gov

4.,,All offerors must complete the Business Management questionnaire with three references from the past three (3) to five (5) years that are the same or similar in scope to this requirement. References that are not for the same or similar items in the solicitation will receive neither favorable or unfavorable rating.

5.,,The UEI and TIN numbers must match your information on www.sam.gov

DUNS Number: ,, TIN Number: ,, If UEI and TIN numbers do not match SAM information, no award will be made to that offeror.

6.,,One (1) copy of entire proposal must be included in proposal package. Preferred method of submission via email:

Barbara.McMaster@usdoj.gov

7.,,Statement of Work will be included with solicitation

8.,,Signed and dated copies of the proposal and all amendments to the solicitation.

The NAICS code associated with this requirement is Code 333517, Machine

Tool Manufacturing.

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 Yazoo City, MS or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery

Page 7 of 87ORDER NUMBER:

1620000245 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.

INVOICES ARE TO BE EMAILED TO:

Page 8 of 87ORDER NUMBER:

1620000245

Accounts.payable@usdoj.gov

Department of Justice – Justice Management Division

SECTION C - DESCRIPTION-SPECIFICATION WORK STATEMENT

UNICOR in El Reno, OK is seeking to purchase one Ironworker Machine with components to add capacity and increase the factory capabilities. This machine will allow UNICOR El Reno, OK to continue production and meet our customer’s needs.

This statement of work will describe the minimum requirements for the

Ironworker machine to be utilized in the manufacture and assembly of various office furniture products.

Specifications & Response Requirements for Bidding

Specifications are per BID

1.,,Ironworker 90 ton

1.1.,,Bid must include QS TABLE ATTACHMENT

1.2.,,Bid must include 5’ QS TBL EXT & LEG ATTCHMENT LEFT SIDE

1.3.,,Bid must include 5’ FEED TABLE

Page 9 of 87ORDER NUMBER:

1620000245

2.,,Ironworker must be capable to perform punching<(>,<)> bending<(>,<)> bar shear<(>,<)> angle shear<(>,<)> round bar shear<(>,<)> and an integrated coper/notcher.

3.,,Dovetail slide that allows an operator to switch from punching to bending.

4.,,Full electrical control of its stroke with a footswitch and limit switch stroke controls.

5.,,Standard Features.

5.1.,,Urethane Stripper Attachment- to keep material flat through the punching process, eliminating distortion.

5.2 Automatic Urethane Hold-downs- clamps and releases material automatically with each stroke. Part movement is eliminated by clamping the part throughout the entire shearing cycle.

5.2.,,Visibility- a direct line of sight over the hold down bar for the operator to easily and accurately line up cuts to the shear blades.

5.3.,,Flat Bar Shear- a low rake angle shear design for a flatter and higher quality sheared parts. Shear blades have four useable edges.

5.4.,,Angle Shear- the floating upper blade seats in the center of the angle prior to cutting minimizing distortion.

5.5.,,Coper Notcher- a low rake angle to keep the part flat and under control during notching.

5.6.,,Quick Change Tooling- a dovetail design to allow for quick installation and removal of all standard and optional tools.

6.,,Maximum punching tonnage required is 90 ton.

7.,,Maximum material capabilities 1-1/8” diameter through 1” plate.

8.,,Maximum Throat Depth is 10”.

9.,,Bending capacity 12” up to 24” w/4-way die block

10.,,Shearing capacity, Round Bar ½” through 2”; Flat Bar 18”x 1/2”, 12” x ¾” x 1”; Square Bar 1/2:” through 1-3/8”; Angle 5” x 5” x ½”.

11.,,Coping/ Notching capability, 3-1/2” x5” x ½”.

12.,,Motor 10 HP

13.,,Weight approximately 4,250 lbs.

14.,,Bidder must include Standard Equipment.

14.1.,,Automatic Hold Down.

14.2.,,Coupling Wrench.

14.3.,,Punch Holder, Stripper, & Die Block.

14.4.,,3/8” Allen Wrench.

Page 10 of 87ORDER NUMBER:

1620000245

14.5.,,5 Punch & Die Sets 9/16” through 1-1/16”.

14.6.,,Set of Chip Buckets.

14.7.,,Set of Angle Knives.

14.8.,,Extra Filter Element.

14.9.,,Set 1-1/4” Round Bar Knives.

14.10.,,Foot Switch.

14.11.,,Set of 14-5/8” Plate Shear Knives.

14.12.,,Instruction/ Parts BookNideo Link

14.13.,,Set of Coper Knives.

15.,,Bidder must provide SHIPPING & HANDLING CHARGES.

16.,,The machine must be shipped totally wired through the electrical enclosure box.

17.,,Bidder must provide WARRANTY, minimum 12 months covering parts against defects in materials and workmanship.

Bidder is required to provide descriptive literature and PDF Drawings for installation and overview with written proposal. Bidder must include the machine weight and utilities required for installation at the time of bidding.

If any substitutions are made from specifications, they are to be clearly labeled and explained for evaluation and acceptance during BID review, otherwise specs above will be expected to be met.

SECTION D - PACKAGING AND MARKETING

D1. FPI 1000D PACKAGING AND MARKING

Supplement: LCL APPR

Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label.

Each package received must be marked for type and quantity. A

Certificate of Conformance must accompany each shipment. ALL SHIPMENTS

RECEIVED WITHOUT A CERTIFICATE OF CONFORMANCE (COC) WILL NOT BE

PROCESSED FOR PAYMENT UNTIL A COC IS PROVIDED.

Page 11 of 87ORDER NUMBER:

1620000245

All shipments should be labeled as follows:

a.,,Vendor name b.,,Purchase Order number and/or Contract number c.,,Item description d.,,Item quantity and weight e.,,Other pertinent information f.,,Pallets or skids must be capable of being moved throughout the factory fully loaded using a forklift.

Due to the volume of trucks that may come through any given UNICOR warehouse, it is sometimes necessary to make an appointment; therefore, warehouse at respective factory should be notified 24 hours prior to delivery to schedule delivery time. Appointments can be scheduled via phone call or fax. Request for appointment shall include point of contact, phone number, fax number and email address.

A list of warehouse staff at each location will be provided to the successful offeror(s) upon contract award.

A certificate of conformance must accompany each delivery order. Failure to provide a certificate of conformance will delay payment.

Ironworker Machine shall be shipped and packaged according to industry standard.

All packaging shall be clearly marked with the purchase order number.

SECTION E - INSPECTION AND ACCEPTANCE

E1. 52.246-2 Inspection of Supplies - Fixed Price (Aug 1996)

E2. 52.246-16 Responsibility for Supplies (APR 1984)

E3. 52.246-15 Certificate of Conformance (APR 1984)

(a),,When authorized in writing by the cognizant Contract Administration

Office (CAO), the Contractor shall ship with a Certificate of

Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Governments right to inspect supplies under the inspection provisions of this contract be prejudiced.

Page 12 of 87ORDER NUMBER:

1620000245

Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b),,The Contractors signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration is performed by the Contracting Officer or his/her designee. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c),,The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractors expense.

(d),,The certificate shall read as follows:

I certify that on ,,[insert date], the ,,[insert Contractors name] furnished the supplies or services called for by Contract No. ,,via ,, [Carrier] on ,,,,[identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: ,, Signature:,, Title:

SECTION F - DELIVERIES OR PERFORMANCE

Purchase Orders can be submitted to offerors via fax or email. UNICOR does not mail purchase orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and written

Page 13 of 87ORDER NUMBER:

1620000245 confirmation must be returned to the contracting officer within 24 hours of order receipt.

Order confirmation containing the following information must be emailed at Barbara.McMaster@usdoj.gov or designee.

a.,,Date of order b.,,Purchase order number c.,,Item number and description, quantity, and unit price d.,,Delivery or performance date e.,,Place of delivery f.,,Shipping instructions g.,,Accounting data h.,,Any other pertinent information

Delivery lead time: Provide best lead time in proposal

****PLEASE NOTE, DELIVERY DAY IS CALENDAR DAYS******

F2. FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE

Supplement: LCL APPR

Purchase Order will be provided through:

PRIMARY:

Barbara McMaster, Contract Specialist, UNICOR OFG, Central Office, 662-751-4800 ext. 4112, email Barbara.McMaster@usdoj.gov

SECONDARY:

Brent Ponder, Contract Specialist, UNICOR, FCC Forrest City, AR, 870-630-6000 ext.1138, email Brent.Ponder@usdoj.gov.

F3. 52.211-11 Liquidated Damages - Supplies, Services, or Research and

Development (SEP 2000)

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages not to exceed 10% per calendar week of the total cost of each line item delayed.

Page 14 of 87ORDER NUMBER:

1620000245

Liquidated damages start accruing on the first day an order is late until receipt of that item at the UNICOR location. There is no limit to liquidated damages but the government is open to discussions to assist offeror in mitigating damages. It is the offerors responsibility to notify the government of any delays in shipping the product. It is also the offerors responsibility to find alternate methods to make on-time deliveries in the event of an unforeseen delay such as truck strike.

Severe weather delays will be handled on a case by case basis.

F4. 52.247-34 F.O.B. Destination (Nov 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G1. JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NOV

2020)

(a) Mr./Ms. (Name) of (Organization), (Address), (Area Code & Telephone

No.), is hereby designated to act as Contracting Officer's

Representative (COR) under (contract #), for the period of (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or

Page 15 of 87ORDER NUMBER:

1620000245 services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the

Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the

Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting

Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

Page 16 of 87ORDER NUMBER:

1620000245

(f) COR authority is not re-delegable

G2. 2852.233-70 PROTEST FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(NOV 2020)

(a) The following definitions apply in this provision:

(1) “Agency Protest Official” (APO) means the Deciding Official for a procurement protest filed with a contracting activity of DOJ when the contracting officer will not be the Deciding Official because of the protestor's election under JAR 2833.103(b)

(2) “Deciding Official” means the official who will review and decide a procurement protest filed with the agency. The Deciding Official will be the contracting officer unless the protestor requests pursuant to JAR

2833.103(b) that the protest be decided by an individual above the level of the contracting officer, in which case the HCA will designate an APO to serve as the Deciding 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) Only interested parties may file a protest.

(c) An interested party filing a protest with the DOJ has the choice of requesting either that the Contracting Officer or the APO decide the protest.

(d) A protest filed directly with the DOJ shall:

(1) Indicate that it is a protest to DOJ.

(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

Page 17 of 87ORDER NUMBER:

1620000245 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.

(e) The decision by the APO is an alternative to a decision by the

Contracting Officer. The APO will not consider appeals from the

Contracting Officer's decision on an agency protest and a decision by the APO is final and not appealable.

(f) The Deciding Official may conduct a scheduling conference. The scheduling conference, if conducted, 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

Page 18 of 87ORDER NUMBER:

1620000245 protest at the same time as the scheduling conference, depending on availability of the necessary parties.

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

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

(i) A protestor may represent itself or be represented by legal counsel.

The DOJ will not reimburse the protester for any legal fees related to the agency protest.

(j) The DOJ will stay award or suspend contract performance in accordance with FAR 33.103(f), unless the contract award is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government. The justification or determination shall be approved at a level above the Contracting

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

(k) The deciding official will make a best effort to issue a decision on the protest within thirty-five (35) days after the filing date. The decision shall be written, and provided to the protestor using a method that provides for evidence of receipt.

(l) The DOJ may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a forum outside DOJ.

G3. This contract will be administered by:

Primary:

FCC Yazoo City 2225 Haley Barbour Parkway Yazoo City, MS 39194

Attn: Barbara McMaster, Contract Specialist

Email: Barbara.McMaster@usdoj.gov

Page 19 of 87ORDER NUMBER:

1620000245

Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above.

In the event Barbar McMaster is unavailable, please send correspondence to the secondary contact.

G4. Address to which remittance should be mailed: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:

(a),,Payee Name (Contractor): ,, (b),,Check Remittance Address:

Any questions or problems regarding payment should be directed to the following location: UNICOR FPI, Central Accounts Payable, P.O. BOX

11849, LEXINGTON KY 40578-1849, email accountspayable@usdoj.gov.

All invoices shall reference purchase order number, not the contract number. Invoices received without the purchase order number will be rejected and returned to vendor.

Note To Vendors: In accordance with the prompt payment act, invoices that do not agree with the purchase order/delivery order amounts will be returned to the vendor at the address located in block 17A of the

SF1449.

Vendor Payment:

Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or non-payment of product/service until information is properly updated. Offerors may obtain the ACH form by logging on to the following website:

www.unicor.gov

Doing Business with UNICOR Electronic Vendor Payments

Click, download form and submit with written proposal.

The ACH is the first form, just click on form and print to your printer, fill out and return to the contracting officer. NOTE: DUNS number on ACH form shall match information provided in SAM. Failure to provide

Page 20 of 87ORDER NUMBER:

1620000245 matching DUNS information may result in your firm not receiving an award.

SECTION H - SPECIAL CONTRACT REQUIRMENTS

Intentionally left blank.

SECTION I - CONTRACT CLAUSES

I1. 52.202-1 Definitions (JUN 2020)

I2. 52.204-4 Printed of Copied Double-Sided on Recycled Paper (MAY 2011)

I3. 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020)

I4. 52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

I5. 52.212-4, Contract Terms and Conditions - Commercial Items (NOV

2023).

I6. 52.216-27 Single or Multiple Awards (Oct 1995)

UNICOR INTENDS TO MAKE A SINGLE AWARD AS A RESULT OF THIS SOLICITATION

I7. 52.233-2 Service of Protest {Sept 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition

Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer {addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Barbara McMaster, UNICOR Contract Specialist

UNICOR, Federal Prison Industries

FCC Yazoo City, 2225 Haley Barbour Parkway

Yazoo City, MS 39194

Phone: 662-751-4800 x 4112

Email: Barbara.McMaster@usdoj.gov

(b} The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

I8. 52.212-5 Contract Terms and Conditions Required to Implement

Page 21 of 87ORDER NUMBER:

1620000245

Statutes or Executive Orders-Commercial Items (FEB 2024)

(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.]

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

Government (Jun 2020)<(>,<)> with Alternate I (Nov 2021) ( 41 U.S.C. 470

4 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment

Page 22 of 87ORDER NUMBER:

1620000245

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

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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 De barment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding

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

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct

2022) ( 15 U.S.C. 657a).

__ (16) 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]

_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) of 52.219-6.

Page 23 of 87ORDER NUMBER:

1620000245

__ (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 (Feb 2024)

( 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.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022)

( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible

Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Representation

(Feb 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Feb 2024) 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)).

_x_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.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

Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

Page 24 of 87ORDER NUMBER:

1620000245

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (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.

__ (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. chapter 78 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 products or commercial services as prescribed in FAR 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).

__ (ii) Alternate I (Jun2014) of 52.223-14.

Page 25 of 87ORDER NUMBER:

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__ (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 (Jun2016) (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) (i) 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 (Feb 2024) 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.

Subtitle A, Part V, Subpart G 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 (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

Page 26 of 87ORDER NUMBER:

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__ (60) 52.232-29, Terms for Financing of Purchases of Commercial

Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505<(>,<)> 10

U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial

Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505<(>,<)> 10

U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for

Award Management (Oct2018) ( 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).

_X_ (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. 55305 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 products and commercial services:

[Contracting Officer check as appropriate.]

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

2018) ( 41 U.S.C. chapter67).

__ (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) ( 29U.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 27 of 87ORDER NUMBER:

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__ (6) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements

(May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan

2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The

Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs

(a), (b), (c), and (d) of this clause, the Contractor is not required to

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1620000245 flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. 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 Kaspersky Lab 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 (Feb

2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer fu rther 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

Page 29 of 87ORDER NUMBER:

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

(xiii) 52.222-37, Employment Reports on Veterans (Jun

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

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

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

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File details come from the government source that posted it. Updated .