SOLICITATION FN1581-24 FINAL.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. Page 1 of 83

FN1581-24

Barbara McMaster, Contract Specialist 662-751-4800 ext. 4112

ERE1 100

EL RENO METAL

4205 E HIGHWAY 66

EL RENO OK 73036-9701

ERE1

EL RENO METAL

4205 E HIGHWAY 66

EL RENO OK 73036-9701

391014499

UNDETERMINED SOURCE

NA BLANK

WASHINGTON DC 20534

UNICOR FPI CENTRAL ACCOUNTS PAYABLE

PO BOX 11849

LEXINGTON, KY 40578-1849

See Section B 1620000246

Barbara McMaster, Contract Specialist

333310

1000 Emp

7/25/2024

7/25/2024 7/25/2024

7/31/2024

2:00 PM, EST

ERE1

EL RENO METAL

4205 E HIGHWAY 66

EL RENO OK 73036-9701

Page 2 of 83ORDER 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

1620000246

Terms: DST

00001 AIR PLASMA TABLE 45XP 1 EA 08/06/2024

SECTION A - Solicitation FN1581-24

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.

GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) Purchase Order Firm Fixed Price for a Plasma Table to be used in the UNICOR's Furniture Production Factory for FPI El Reno, OK.

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

UNICOR FPI El Reno, 4205 Hwy 66 SW 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

Page 3 of 83ORDER NUMBER:

Request for Quotation

1620000246 requirement is 333310, Commercial and Service Industry Machinery

Manufacturing. The size standard for NAICS 333310 is 1,000 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 29, 2024<(>,<)> at 2:00 pm EST and must reference the solicitation number FN1581-24 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 FN1581-24 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 31, 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 29, 2024, at

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

Offer must indicate Solicitation No. FN-1581-24, 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, if any.

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.): __________________

Page 4 of 83ORDER NUMBER:

1620000246

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 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.

All offerors must complete the following information prior to submission 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 FN1581-24 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, AR 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

Page 5 of 83ORDER NUMBER:

1620000246

(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 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.

Page 6 of 83ORDER NUMBER:

1620000246

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 333310 Industry

Machinery 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 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, Page 7 of 83ORDER NUMBER:

1620000246 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:

Accounts.payable@usdoj.gov

Department of Justice – Justice Management Division

CONTRACTOR’S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

WAGE DETERMINATION APPLICABLE TO THIS CONTRACT: The Service Contract Act

(SCA) applies to this contract. The applicable SCA Wage Rate

Determination is attached at the end of the contract text. Payment will be made to individuals used in the performance of this contract at the rates of wages contained in the wage rate determination.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal

Page 8 of 83ORDER NUMBER:

1620000246

Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVESTIGATIVE PROCEDURES FOR CONTRACTORS, CONSULTANTS AND VOLUNTEERS

The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement

(P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons Acquisition Policy (BPAP). In particular, the HRM

Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP

Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include:

Procedures Implemented by Human Resource Staff:

1) National Crime Information Center (NCIC) Check

2) Name Check

Procedures Implemented by Program Manager:

1) FD-258 Fingerprint Check

2) Law Enforcement Agency Checks

3) Vouchering of employers over the past five years

4) Completed SF-171 (Application for Federal Employment or

Resume/Personal Qualifications

Page 9 of 83ORDER NUMBER:

1620000246

5) Completed Contractor Pre-employment Form Release of

Information

6) National Agency Check and Inquiries (NACI) Check if applicable

7) Urinalysis

In addition to the above procedures, BPAP Part 37.103 states that

Contracting Officers must ensure through the contracting process that each prospective individual contractor is advised that a urinalysis is required prior to contract award. Prior to award, the Contracting

Officer shall also obtain from the Personnel Officer or the appropriate

Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff.

Page 10 of 83ORDER NUMBER:

1620000246

SECTION C - DESCRIPTION-SPECIFICATION WORK STATEMENT

Statement of Work

UNICOR in El Reno, OK is seeking to purchase one Plasma Table to add capacity and increase our 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

Plasma Table to be utilized in the manufacture and assembly of various office furniture products.

Specifications & Response Requirements for Bidding

Specifications are per BID

1.,,Air Plasma Table w/ CNC controller.

2.,,4 x 8 Air Plasma required specifications: machine size 4’ x 8’, 138”L x 92”W x 60”H.

2.1.,,Maximum Rapid Speed - 314 IPM

2.2.,,CNC Control

2.3.,,Drive Motors:,,X-axis – Two Servo Motors

•,,Y-axis – Servo Motor

•,,Torch Height Control – Stepper Motor

2.4.,,Drive System:,,X-axis – Rack and Pinion each side

•,,Y-axis – Rack and Pinion

•,,Z-axis – Ball Screw

2.5.,,Torch Control -,,Arc Voltage with Initial Height Sensing

2.6.,,Torch Protection - Pneumatic Breakaway

2.7.,,Exhaust Fan - 6500 cfm @ 3” H2O

2.8.,,Plasma System: ,,1/2” (12mm) Production / 1/2” (12mm) Maximum, Includes interface cable

2.9.,,Cut speeds to material thickness

•,,10 GA MS(Mild Steel) – 181 IPM

•,,¼” MS – 72 IPM

•,,3/8” MS – 38 IPM

•,,½” MS – 24 IPM

2.10.,,Gas Type: Air (Preferred for all materials) –

Page 11 of 83ORDER NUMBER:

1620000246

Air quality needs to be clean, oil-free per

ISO 8573-11.2.2

Nitrogen (Stainless & aluminum only) – 99.5% pure

2.11.,,Gas inlet flow and pressure: 400 scfh @ 85 psi (190 slpm @ 5.9 bar)

3.,,Required power connection: 480V Three-phase

4.,,CAD/CAM nesting software must meet required features:

4.1.,,Part design and development

•,,Integrated 2D CAD program to create and edit CAD files

•,,Variable Shape Parts feature to develop common parts from templates

4.2.,,CAD/CAM import and conversion

•,,Import CAD files (industry-standard file formats)

•,,Raster to vector converts static images to CAD

•,,Automatic CAD file correction and error notification

•,,Automatic spline/ellipse smoothing and reduction

•,,Separate multiple parts from a single CAD file

•,,Automatic mapping of CAD layers to processes (cut, mark)

4.3.,,Job Set-Up

•,,Material database (with grade and gauge)

•,,Custom remnant creation (define irregular shapes for nesting)

•,,Grain constraint

•,,Safe zones for plate clamping applications

4.4.,,Interactive manual nesting

4.5.,,Detailed reporting

•,,Management and shop reports

•,,Export reports directly to PDF, Excel spreadsheet, CSV, or webpage

5.,,Bidder must include Three Stage Filter System

5.1.,,Filters system should be adequate to remove moisture, oil, and particulates.

5.2.,,Filter removal and/or replacement should be easily accessible for operator.

6.,,Bidder must provide Machine Start-Up and Orientation

6.1.,,The vendor is to provide appropriate installation and operations manuals for the performing installation. Installation and training by certified field service technicians to the machine operators. The vendor is to provide ongoing technical support via telephone at no

Page 12 of 83ORDER NUMBER:

1620000246 charge during the life of the warranty. Bidder must provide on-site training at the El Reno Unicor Factory.

6.2.,,Training must last a minimum of one workday to a minimum of 3 machine operators.

7.,,Bidder must provide WARRANTY - Twelve (12) month parts warranty, covering defects in materials or workmanship.

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

9.,,Freight to El Reno, OK 73036

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.

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

Page 13 of 83ORDER NUMBER:

1620000246 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.

Plasma Table 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.

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.

Page 14 of 83ORDER NUMBER:

1620000246

(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 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******

Page 15 of 83ORDER NUMBER:

1620000246

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.

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

Page 16 of 83ORDER NUMBER:

1620000246

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 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

Page 17 of 83ORDER NUMBER:

1620000246 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.

(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 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

Page 18 of 83ORDER NUMBER:

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(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 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

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(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.

SECTION H - SPECIAL CONTRACT REQUIRMENTS

Intentionally left blank.

SECTION I - CONTRACT CLAUSES

I1. 52.202-1 Definitions (JUNE 2020)

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

I3. 52.204-7, System for Award Management (Oct 2018)

I4. 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020)

I5. 52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

I6. 52.212-1, Instructions to Offerors – Commercial Products and

Commercial Services (SEPT 2023).

I7. 52.212-4, Contract Terms and Conditions - Commercial Items (NOV

2023).

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

Statutes or Executive Orders—Commercial Products and Commercial

Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (May 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

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1620000246

(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

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

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1620000246

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.

__ (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.

__ (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.

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__ (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

Rerepresentation (Feb 2024) ( 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)).

_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).

_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.

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

( 38 U.S.C. 4212).

__ (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 (May 2024) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of

Refrigeration Equipment and Air Conditioners (May 2024) (E.O. 13693).

__ (44) (i) 52.223-13<(>,<)> Acquisition of EPEAT®-Registered Imaging

Equipment (May 2024) (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 (May 2024) (E.O.s 13423 and 13514).

__ (ii) Alternate I (May 2024) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May

2024) ( 42 U.S.C. 8259b).

__ (47) (i) 52.223-16<(>,<)> Acquisition of EPEAT®-Registered Personal

Computer Products (May 2024) (E.O.s 13423 and 13514).

__ (ii) Alternate I (May 2024) of 52.223-16.

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (May 2024) (E.O. 13513).

__ (49) 52.223-20, Aerosols (May 2024) (E.O. 13693).

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1620000246

__ (50) 52.223-21, Foams (May 2024) (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).

__ (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

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1620000246 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. 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.]

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

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

_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).

_X_ (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).

_X_ (5) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

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

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

Labor Standards to Contracts for Certain Services-Requirements

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

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

Order 14026 (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

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

(d) Comptroller General Examination of Record. The

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

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial 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

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U.S.C. 4712).

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

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

Division E,…